Bullock

Action for breach of a contract in writing which plaintiff alleged was executed by defendants as copartners; by its terms plaintiff undertook to haul freight to be furnished by defendants; and they promised to pay him therefor. It was executed in the alleged firm name by defendant, C. O. Perry. At the trial the court granted the motion of defendants Taylor and Godbe for nonsuit as to them, on the ground that the instrument sued on was not their contract, said Perry excepting. A verdict was returned in favor of plaintiff and against Perry for the sum of two thousand five hundred dollars, on which judgment was entered. Perry appealed, but his notice of appeal was served on plaintiff only. He contends here for a reversal, on the ground, among others, that the court erred in granting a nonsuit as to Taylor and Godbe, and refusing it as to him. The said Taylor and Godbe' have moved this court to dismiss the appeal for the reason that they were not served with notice thereof.

Section 940 of the Code of Civil Procedure requires such notice to be served on the adverse party, “That is to say, upon all whose rights may be affected by a reversal of the judgment.” (Williams v. Santa Clara…