Melville v. Chehalis County

Washington Territory

Melville v. Chehalis County

13 P. 904, 3 Wash. Terr. 14, 1887 Wash. Terr. LEXIS 40

DecidedJanuary 6, 1887

StatusPublished

This text of 13 P. 904 (Melville v. Chehalis County) is published on Counsel Stack Legal Research, covering Washington Territory primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melville v. Chehalis County, 13 P. 904, 3 Wash. Terr. 14, 1887 Wash. Terr. LEXIS 40 (Wash. Super. Ct. 1887).

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Opinion

Mr. Chief Justice Greene

delivered the opinion of the court.

Jurisdiction cannot be acquired by presumption. There is nothing in this record to certify us whether the notice of appeal was given in open court or at chambers. If at chambers, there should have been either the notice provided by section 2140 of the Code, or the actual presence of, or waiver of notice by, the opposite party. Nothing of the kind appears in the transcript, and the motion to dismiss the appeal must, therefore, be granted.

Turner, J., and Langford, J., concurred.

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Mr. Chief Justice Greene

delivered the opinion of the court.

Jurisdiction cannot be acquired by presumption. There is nothing in this record to certify us whether the notice of appeal was given in open court or at chambers. If at chambers, there should have been either the notice provided by section 2140 of the Code, or the actual presence of, or waiver of notice by, the opposite party. Nothing of the kind appears in the transcript, and the motion to dismiss the appeal must, therefore, be granted.

Turner, J., and Langford, J., concurred.

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Bluebook (online)

13 P. 904, 3 Wash. Terr. 14, 1887 Wash. Terr. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melville-v-chehalis-county-washterr-1887.