Dahl v. Tibbals

Citations

• 5 Wash. 259
• 31 P. 868
• 1892 Wash. LEXIS 46

Syllabus

<p>APPEAL—NOTICE — NEGLECT OF CLEItK TO MAKE JOURNAL ENTRY— BUND — TIME OF FILING — PA RTIES — DEATH BY WRONGFUL ACT — REPUGNANT STATUTES—REPEAL BY IMPLICATION.</p> <p>Where written notice of appeal is served and filed within the proper time, the appeal will not be defeated by the failure of the clerk to enter the notice in the journal of the court below.</p> <p>The fact that an appeal bond is dated anterior to the notice of appeal will not invalidate the appeal, when the bond is not approved and filed until the day upon which the notice is given.</p> <p>Under Code Proc., § 1408, it is not necessary that the appellant should sign an appeal bond as principal, in order to render the bond effective.</p> <p>Section 703, Code Proc. (Code 1881, §717), authorizing actions for death by wrongful act or omission to be brought by the personal representatives of a decedent, being irreconcilably repugnant to § 188, Code Proc. (Code 1881, §8), which allows such action to be prosecuted by the heirs or personal representatives of the decedent, is necessarily repealed by § 138, which is a later enactment by the legislature.</p>