Arthur D. Jones & Co. v. Cunningham
Decision Date | 27 March 1914 |
Court | Washington Supreme Court |
Parties | ARTHUR D. JONES & CO. v. CUNNINGHAM et al. |
Department 2. Appeal from Superior Court, Spokane County; E. H Sullivan, Judge.
Action by Arthur D. Jones & Co. against W. R. Cunningham, Sr. executor, and others. Judgment for defendants, and W. R Cunningham, Sr., executor, appeals. Dismissed.
Walter Staser, of Ritzville, and C. H. Spalding, of Lind, for appellant.
Smith & Mack, of Spokane, for respondent.
The respondent in his answering brief moved for a dismissal of this appeal and for an affirmance of the judgment appealed from, on the ground of insufficiency of the appeal bond. When the case was called for hearing in this court, the appellant confessed the motion in so far as it asked for a dismissal of the appeal, but objected to an affirmance of the judgment, or a judgment against the sureties on the appeal bond.
The respondent insists on both branches of the motion, but we think the objection of the appellant well taken. This court has power to render a judgment of affirmance only when the appeal has been properly perfected, when the appellant has substantially complied with the provisions of the statutes regulating appeals. The very ground of the respondent's motion is want of compliance with one of these statutory requirements, namely, the filing of a sufficient bond; and it is a want of consistency to say that the bond is sufficient to bring the case before us for the purpose of affirming the judgment and entering judgment against the sureties on the appeal bond, but insufficient to warrant a hearing of the cause upon its merits. As we said in Grunewald v. West Coast Grocery Co., 11 Wash. 478, 39 P. 964: See, also, Henry v. Great Northern Ry. Co., 16 Wash. 417, 47 P. 895.
The respondent cites and relies on the cases of Sears v Seattle Consolidated St. Ry. Co., 7 Wash. 286, 34 P. 918; Hanna v. Savage, 8 Wash. 432, 36 P. 269, and ...
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