Trader's Bank v. Bokien

• Decision Date: 20 February 1893
• Citation: Trader's Bank v. Bokien, 32 P. 744, 5 Wash. 777 (Wash. 1893)
• Court: Washington Supreme Court
• Parties: TRADERS' BANK OF TACOMA ET AL. v. BOKIEN ET AL. [1]

32 P. 744

5 Wash. 777

TRADERS' BANK OF TACOMA ET AL. v. BOKIEN ET AL. ^[1]

Supreme Court of Washington

February 20, 1893

Appeal from superior court, Pierce county; Frank Allyn, Judge.

Action by the Traders' Bank of Tacoma, J. Turner, and C. F Erickson against George D. Bokien and Caroline Bokien, his wife, Benjamin A. Chilberg, and the Tacoma Trust & Savings Bank, to foreclose a mechanic's lien. Plaintiffs obtained judgment. The Tacoma Trust & Savings Bank appeals. Dismissed.

Richards Murray & Pratt, for appellant.

Pritchard Stevens, Grosscup & Seymour, (J. A. Williamson, of counsel,) for respondents.

HOYT J.

This action was commenced by the plaintiffs against several defendants. Judgment was duly rendered therein, from which one of the defendants has sought to appeal to this court. The notice of appeal given by said defendant was directed to and served upon the plaintiffs and all the defendants excepting Benjamin A. Chilberg. As to this defendant the notice was entirely silent, and there is no proof in the record that it was ever served upon him or his attorney. For the reason that said defendant Chilberg was not made a party to the appeal a motion is made to dismiss the same. It has frequently been held by this court that under the provisions of our statute all the parties who had appeared in the action in the court below must be made parties to the appeal, either by joining therein or having notice thereof served upon them. It follows that the motion is well taken unless there is something in the record to take this case out of the general rule. It is alleged on the part of the appellant that it is thus taken out of said rule by reason of the fact that the attorney for the appellant was also the attorney for said defendant Chilberg in the court below, and that, such being the fact, the knowledge...