Carlson v. Vashon Navigation Co.

Citations

• 102 Wash. 75
• 172 P. 860
• 1918 Wash. LEXIS 905

Syllabus

<p>Appeal—Obdebs Appealable—Denial op New Teial. No appeal lies from an order denying a motion for a new trial.</p> <p>Appeal — Notice — Sufficiency. A notice of appeal from an “order denying a motion for a new trial and all proceedings had in said cause,” is insufficient as a notice of appeal from the two final judgments entered, one on dismissing certain defendants and the other entered upon the verdict; in view of Rem. Code, § 1719, requiring the appellant to designate with reasonable certainty from what judgment or orders the appeal is taken.</p> <p>Appeal—Notice—Amendment. A notice of appeal from an order granting a new trial is not amendable to make it an appeal from the final judgment, within Rem. Code, § 1734, allowing amendment in matters of form, since the defect was not in form but in substance.</p>