Wax v. Northern Pacific Railway Co.
This text of 73 P. 380 (Wax v. Northern Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The respondent, who was plaintiff below, brought this action against the Northern Pacific Railway Company and C. O. Cooper, as defendants, to recover certain personal property alleged to belong to the estate of one Harry Winters, of which the respondent was trustee in bankruptcy, which personal property, it was alleged, the defendants wrongfully and unlawfully withheld from the possession of the respondent.' The defendants appeared separately and by separate counsel and separately answered to the merits of the controversy. A trial was thereafter had, resulting in a judgment for the respondent. The defendant O. C. Cooper appealed from the judgment, but did not serve her notice of appeal on her co-defendant, and the respondent moves to dismiss the appeal for that reason. The motion must be granted. Under the statute and the repeated rulings of this court, such an omission is fatal to the right to have the case heard on appeal. Appeal dismissed.
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Cite This Page — Counsel Stack
73 P. 380, 32 Wash. 210, 1903 Wash. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wax-v-northern-pacific-railway-co-wash-1903.