Cook

This is an action to recover money on an alleged street assessment, for work done by certain contractors. Plaintiffs had judgment as prayed for, from which, and an order denying a new trial, this appeal is taken by defendant.

It is claimed by the respondents that the judgment and order should not be disturbed, because the notice of motion for a new trial, although served on the attorneys *444 for all the plaintiffs, did not state in the caption thereof the name of one of the plaintiffs.

It is perfectly clear that the notice of intention to move for a new trial by defendant was given and made under sections 1010 and 1011 of the Code of Civil Procedure, and was directed to and served on the attorneys who were the attorneys for all the plaintiffs; and the fact that by inadvertence the name of one of the plaintiffs, Robert Bell, was left out of the title of the cause, at the top of the notice, should certainly not be held to have misled these attorneys into the belief, as there is no pretense that it did, that no such notice was intended as to their client Robert Bell. In fact, there is nothing in the record which shows any prejudice done in this regard.

We do not deem it necessary…