City of Seattle v. Ankeny

Citations

• 85 Wash. 146
• 147 P. 873
• 1915 Wash. LEXIS 1305

Syllabus

<p>Appeal — Decision-—-Judgment — Construction. The decision of the supreme court, is to be construed according to its necessary legal effect as applied to the parties, privies and matters before the court, rather than according to its literal terms; and hence recitals on reversal broad enough to include parties to the action not appealing will be restricted in operation to those parties only who appealed.</p> <p>Municipal Corporations- — -Assessments—Review—-Reversal. Under Rem. & Bal. Code, § 7797, of the statute governing the exercise of the power of eminent domain by cities, which provides that a judgment confirming an assessment roll “shall have the effect of a separate judgment as to each tract or parcel of land or property assessed, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken,” property owners who fail to appeal from an assessment, or, having appealed, waive their appeal, are not entitled to take advantage of a reversal of the order confirming the assessment roll; since the final judgment of the lower court confirming the assessment is conclusive upon all who are content to accept it, in view of Rem. & Bal. Code, § 7995, which provides that “as to all property to the assessment of which objections are not filed as herein provided, default may be entered and the assessment confirmed by the court.”</p>