Warren

Action upon a street assessment.

The respondents have moved to dismiss the appeal upon the ground that a codefendant with the appellant was not served with the notice of appeal. It was held in Pacific Mut. Life Ins. Co. v. Fisher, 106 Cal. 224 , that when, in an action to enforce a lien upon a piece of real estate, judgment has been rendered against several defendants, if the effect of an appeal from that judgment is to establish that there was, in fact, no lien upon which the judgment could be rendered, a reversal of the judgment will not injuriously affect the other defendants, and, therefore, that the appeal will not be dismissed for a failure to serve them with the notice of appeal.

The engineer’s certificate, which the plaintiff offered in evidence in connection with the warrant, assessment, and diagram, was signed “Wm. M. Fitzhugh, city engineer, Holcomb”; and the defendant objected to its introduction upon the ground that it did not purport to be signed by the city engineer, but by one “ Holcomb.” The plaintiff thereupon introduced evidence substantially the same as that presented in Bauer v. Lowe, 107 Cal. 229 , from which it appeared that the certificate had never been…