Jenkins v. Powe

• Decision Date: 17 March 1898
• Citation: 52 P. 520,19 Wash. 113
• Parties: JENKINS v. POWE ET AL.
• Court: Washington Supreme Court

52 P. 520

19 Wash. 113

JENKINS v. POWE ET AL.

Supreme Court of Washington

March 17, 1898

Appeal from superior court, Thurston county; Charles H. Ayer, Judge.

Action by John Jenkins against William B. Powe and J. T. Mills & Co. From a judgment for plaintiff, Powe appeals. Motion of plaintiff to amend a judgment dismissing the appeal, by including costs. Denied.

A. L. Campbell and G. C. Israel, for appellant.

Chas. M. Dial and Phil. Skillman, for respondent.

PER CURIAM.

Upon respondent's motion, based upon a short record, the appeal in this cause was dismissed, on October 19, 1897. Thereafter respondent filed a motion to amend the judgment of this court, and include therein certain costs claimed by respondent to have accrued during the pendency of the action in the superior court, and which (through inadvertency, it is claimed) were omitted from the judgment of that court. This motion was denied on January 28, 1898, for the reason that it did not appear to us that the lower court had ever passed upon the question of respondent's right to the allowance. But, in denying the motion, we filed no opinion, and we are now requested to indicate our reasons for denying the same, in order that the decision of the motion may not prejudice any right of respondent to apply to the superior court for such remedy as he may be entitled to. Without attempting to determine whether or not respondent is entitled to such costs, we conclude that the parties are entitled to be informed of our reasons for denying the motion to amend the judgment; and, as already stated, the sole reason for our decision was that it did not appear to us that the matter had ever been passed upon by the superior court, and that, in the exercise of our appellate jurisdiction, we could not properly consider it.