Collins v. Kinnear

Citations

• 37 Wash. 453
• 79 P. 995
• 1905 Wash. LEXIS 751

Syllabus

<p>Judgment — Vacation—Parties—Substitution by Stipulation. Upon a petition to vacate a judgment, a stipulation providing that certain named persons are to be considered as the real parties in interest instead of specified parties to the judgment, amounts to an agreed substitution. .</p> <p>Appeal and Error — Parties—Notice—Denial oe Vacation on Judgment. Upon an appeal from an order denying a petition to vacate a judgment, the notice of appeal need be served only upon the parties who appeared in that proceeding to contest the petition.</p> <p>Appeal and Ereoe — Notice—Time of Piling — Servic s on Unnecessary Parties. The requirement of Bal. Code, § ( 503, that notice of appeal he filed within five days after service is jurisdictional, and where the effective service upon all i 'ho were necessary parties was made in March, and the filing was not made until June, the appeal must he dismissed, and it is immaterial that a service of the notice was made upon non ’essential parties in June within five days of the filing.</p>