ENGLISH.

13 & 14 Vict., c. 21, par. 4 (Act of 1867). Definition of "Men"... 339

Ballinger's Ann. Codes & Stats. 1897, par. 4730. Jury......

.... 337

REPORTS OF CASES

DETERMINED IN

THE DISTRICT COURTS OF APPEAL

OF THE

STATE OF CALIFORNIA.

[Civ. No. 2279. Second Appellate District.-June 1, 1917.] CLARK OXFORD, Appellant, v. IMPERIAL SOUTHSIDE WATER COMPANY (a Corporation), Respondent.

APPEAL INSUFFICIENCY OF NOTICE.-A notice of appeal from a judgment which states the plaintiff "desires and intends to appeal" from the judgment, and that he "has appealed therefrom," and which closes by requesting that a transcript of the testimony, etc., be made up and prepared, is not a sufficient notice of appeal.

MOTION to dismiss an appeal from a judgment of the Superior Court of Imperial County. Franklin J. Cole, Judge.

The facts are stated in the opinion of the court.

H. L. Welch, for Appellant.

Haines & Haines, and Noland & Kibby, for Respondent.

CONREY, P. J.-Motion to dismiss.

Upon due notice to opposing counsel, defendant presented to the court this motion for an order dismissing this cause from the court's calendar on the ground that no notice of appeal has at any time been served, either as required by section 940 of the Code of Civil Procedure or as required by section 941b of that code. The notice upon which plaintiff relies as a notice of appeal herein omits the words necessary to constitute a notice of appeal. It states that the plaintiff "de