Wax v. Northern P. Ry. Co.

Decision Date09 July 1903
CitationWax v. Northern P. Ry. Co., 73 P. 380, 32 Wash. 210 (Wash. 1903)
PartiesWAX v. NORTHERN PAC. RY. CO. et al.
CourtWashington Supreme Court

Appeal from Superior Court, King County; Geo. Meade Emory, Judge.

Action by Henry Wax, as trustee in bankruptcy of the estate of Harry Winters, a bankrupt, against the Northern Pacific Railway Company and C. C. Cooper. Judgment for plaintiff, and defendant Cooper appeals. Appeal dismissed.

H. E Foster, for appellant.

Struve Allen, Hughes & McMicken, for respondent.

PER CURIAM.

The respondent, who was plaintiff below, brought this action against the Northern Pacific Railway Company and C. C Cooper, as defendants, to recover certain personal property alleged to belong to the estate of one Harry Winters, of which the respondent was trustee in bankruptcy, which personal property, it was alleged, the defendants wrongfully and unlawfully withheld from the possession of the respondent. The defendants appeared separately and by separate counsel and separately answered to the merits of the controversy. A trial was thereafter had, resulting in a judgment for the respondent. The defendant C. C....

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5 cases
  • State v. McCollum
    • United States
    • Washington Supreme Court
    • September 27, 1943
    ... ... judgment is not an appealable order. In dissenting opinion it ... was observed that this court did not formerly seem to treat ... the cases cited from the first of Washington as conclusive ... upon the question even under the old statute; that in ... Northern Pac. & P. S. S. R. Co. v. Black, 3 Wash ... 327, 28 P. 538, concurred in by the full court, the right of ... an appeal from on order vacating a judgment was referred to ... as still an open question; that in Marston v. Humes, ... 3 Wash. 267, 28 P. 520, a proceeding ... ...
  • Deno v. Standard Furniture Co.
    • United States
    • Washington Supreme Court
    • April 8, 1937
    ... ... cites the following cases: Traders' Bank of Tacoma v ... Bokien, 5 Wash. 777, 32 P. 744; Dewey v. South Side ... Land Co., 11 Wash. 210, 39 P. 368; Cornell ... University v. Denny Hotel Co., 15 Wash. 433, 46 P. 654; ... Wax v. Northern Pacific R. Co., 32 Wash. 210, 73 P ... 380; Davis v. Tacoma Railway & Power Co., 35 Wash ... 203, 77 P. 209, 66 L.R.A. 802. The rule of those cases was ... that notice of appeal must be served on all parties who ... appeared in the action. That rule, however, was ... ...
  • Sipes v. Puget Sound Elec. Ry. Co.
    • United States
    • Washington Supreme Court
    • October 15, 1908
    ... ... decided by this court since the enactment of the statute of ... 1899, insists, on their authority, that the appeal should be ... dismissed: First Nat. Bank v. Gordon Hardware Co., ... 31 Wash. 682, 72 P. 464; Wax v. Northern Pacific Ry ... Co., 32 Wash. 210, 73 P. 380; O'Connor v ... Lighthizer, 34 Wash. 152, 75 P. 643; Davis v. Tacoma ... Ry. & Power Co., 35 Wash. 203, 77 P. 209, 66 L. R. A ... 802; Willard v. Fisher, 36 Wash. 229, 78 P. 917; ... Collins v. Kinnear, 37 Wash. 454, 79 P ... ...
  • Soderberg v. McRae
    • United States
    • Washington Supreme Court
    • February 2, 1912
    ... ... any service upon them. Respondents, in support of their ... motion, cite the following cases: State v. Seaton, ... 26 Wash. 305, 66 P. 397; First National Bank v. Gordon ... Hardware Co., 31 Wash. 682, 72 P. 464; Wax v ... Northern Pacific Ry. Co., 32 Wash. 210, 73 P. 380; ... O'Connor v. Lighthizer, 34 Wash. 152, 75 P. 643; ... Davis v. Tacoma R. & P. Co., 35 Wash. 203, 77 P ... 209, 66 L. R. A. 802; Willard v. Fisher, 36 Wash ... 229, 78 P. 917; Sipes v. Puget Sound, etc., Co., 50 ... Wash ... ...
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