Turner v. Saxon

• Decision Date: 30 January 1888
• Citation: 18 P. 67,3 Wash.Terr. 473
• Parties: TURNER, AUDITOR, ET AL. v. SAXON.
• Court: Washington Supreme Court

18 P. 67

3 Wash.Terr. 473

TURNER, AUDITOR, ET AL. v. SAXON.

Supreme Court of Territory of Washington

January 30, 1888

Appeal from district court, Fourth district, at Spokane Falls.

PER CURIAM.

Notice of appeal was not given in the court below 30 days prior to the first day of this term of court, and the appellee objects to the appeal being heard at this term. The appeal was taken under the appeal act of 1883, and that act does not prescribe the length of time which must elapse between the taking of an appeal and the beginning of the next term to entitle the appeal to be heard at such term. We do not think section 460 of the Code has any application to appeals taken under said act. No positive rule, therefore, is fixed by law, and cases must be governed by considerations of convenience and propriety, as they present themselves to the mind of the court. No doubt, the matter can and ought to be governed by a general rule; and, as we are now considering amendments to the rules of the court, this matter may be regulated for the future in that way. In the absence of any such rule, we are disposed to hold that we will not hear the appeal now, but will let it go over until the adjourned term; and it is so ordered.