Exposition Amusement Co. v. Raeco Products Co.

Citations

• 55 Wash. 314
• 104 P. 509
• 1909 Wash. LEXIS 753

Syllabus

<p>Appeal — Notice—Parties to Be Served. Upon appeal from an order of sale of appellant’s property to satisfy one of several liens established by a judgment, in which only the appellant and such lien claimant are interested, notice of appeal need not be served on any of the other parties to the action.</p> <p>Appeal — Record — Preservation of Grounds — Statement of Pacts — Questions for Review. Where the only question on appeal is the power to engraft an order of sale upon an original judgment, after modification on a prior appeal, a statement of facts and the entire record in the original action need not be brought up on appeal, the original Judgment, the motion, order of sale and notice of appeal being sufficient to review the question.</p> <p>Appeal — Decision—Judgments — Conclusiveness — Parties and Matters Concluded. Where, upon an appeal 'by a surety company from a judgment establishing claims against it in favor of codefendants, the supreme court held that a certain Hen claimant had no claim against the surety company, and neither the plaintiff nor the claimant had taken any appeal, the judgment of the lower court is conclusive as between them, and the supreme court cannot modify the judgment by a decision allowing the claimant to collect the amount of its Hen from the plaintiff, nor can the superior court issue, or engraft upon the original judgment, an order of sale of plaintiff’s property to satisfy the Hen.</p>