Luck

— This is an action for divorce. The prayer of the plaintiff was denied, and the custody of the children was awarded to the defendant. Plaintiff appealed from that portion of the judgment giving the care, custody, and control of the children to the defendant.

Respondent moves to dismiss the appeal on the following grounds: “ That the portion of the judgment appealed from is not appealable; that the notice- of appeal was not served as required by sections 1012 and 1013 of the Code of Civil Procedure; that the notice of appeal was served by an attorney — Kierce — who had no authority to sign or serve it.

1. The right to the care, custody, and control of the children was an issue in the case; judging from the nature of the appeal, it was the issue upon which the parties made their chief efforts. Plaintiff alleged that defendant was not a fit person to have the care of the children. Defendant denied the allegation, and countered with a similar accusation against the plaintiff. The portion of the judgment appealed from is a part of the final decree; and an appeal may be taken from any final decree, whatever its nature, and from any part thereof. The fact that the court below may…