Clallam County v. Clump

• Citation: 47 P. 13,15 Wash. 593
• Parties: CLALLAM COUNTY v. CLUMP ET AL.
• Decision Date: 23 November 1896
• Court: United States State Supreme Court of Washington

47 P. 13

15 Wash. 593

CLALLAM COUNTY v. CLUMP ET AL.

Supreme Court of Washington

November 23, 1896

Appeal from superior court, Clallam county; R. A. Ballinger, Judge.

Action by the county of Clallam against M. J. Clump and others on an official bond. Plaintiff recovered a verdict for a part of its claim only, and from an order purporting to overrule its motion for a new trial it appeals. Affirmed.

James Stewart and J. T. Ronald, for appellant.

A. R. Coleman and Trumbull & Trumbull, for respondents.

HOYT, C.J.

The issues made by the pleadings in this action were tried to a jury, which returned a verdict in favor of the plaintiff for a part only of its claim. The plaintiff made a motion to vacate and set aside this verdict, for errors of law occurring upon the trial, to which it had excepted. Thereafter the defendants also moved for a new trial, for reasons set out in the motion. The two motions were submitted to the court without argument, and an order was made by it which, in terms, granted the motion of the defendants, and set aside the verdict, and overruled the motion of the plaintiff. From this order this appeal has been prosecuted.

We cannot go into the alleged errors discussed in appellant's brief, for the reason that appellant is not now in a position to obtain any benefit from such errors, if errors they were. The order appealed from, though on its face purporting to grant the motion of the defendants only, and to deny that of the plaintiff, in fact granted what each of the parties asked. That was, to have the verdict vacated and set aside. This being so, neither of the parties could appeal from such order, for the reason that it must be held to have been entered at the request of each of them. The order will be affirmed.

DUNBAR, SCOTT, ANDERS, and GORDON, JJ., concur.