Meley

The notice of appeal herein is addressed to the attorneys for respondents, and is in the following words: “You will please take notice that the plaintiff substituted in the above-entitled action hereby appeals to the supreme court of the state of California from the order denying plaintiff’s motion for a new trial, and from an order of said court denying plaintiff’s motion to set aside the decision and judgment in the action, which said judgment was therein entered in the said superior court on the sixteenth day of December, *263 1891, in favor of the defendants in said action and against plaintiffs, and from the whole thereof.”

The appeal from the orders named in this notice was dismissed by- this court February 6, 1893, and the appellant now claims that the notice above set out is sufficient as a notice of appeal from 'the judgment therein described, and he insists upon his right to be heard upon such appeal. This contention cannot be sustained. The notice of appeal is certainly very awkwardly constructed, but is not ambiguous, and it cannot possibly be construed as an appeal from the judgment therein mentioned. It says nothing about an appeal from the judgment, but gives…