Winters v. Gray's Harbor Boom Co.
This text of 53 P. 368 (Winters v. Gray's Harbor Boom 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
From a judgment in plaintiff’s favor the Gray’s Harbor Boom Company, one of the. defendants, gave notice of appeal. The notice was not served'upon its co-defendants, Burrows and Stockwell, who had appeared in the action. Thereafter the last named defendants joined in the appeal bond but did not serve an independent notice of appeal or join in the appeal by filing with the clerk of the superior court a statement to that effect. [347]*347Laws 1893, p. 121, ch. 61 § 5 (Bal. Code, § 6504). Respondents have moved to dismiss, basing their motion upon the facts already stated. We have repeatedly held that the notice of appeal is jurisdictional and cannot be dispensed with, and the court can only obtain jurisdiction when the statute on the subject of appeals is complied with. The motion to dismiss must be granted.
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Cite This Page — Counsel Stack
53 P. 368, 19 Wash. 346, 1898 Wash. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-grays-harbor-boom-co-wash-1898.