Opinion by

(after stating the facts as above). Where there is no waiver of summons in error, no general appearance, and the record does not show affirmatively that the defendants in error have been duly served with summons in error, this court is without jurisdiction to pass upon their rights, and the appeal in such case should be dismissed. See Dr. Koch Vegetable Tea Co. v. Davis et al., ante, 145 Pac. 337.

We recommend that the appeal be dismissed.

By the Court’: It is so ordered.