Fairfield v. Binnian

Citations

• 13 Wash. 1
• 42 P. 632
• 1895 Wash. LEXIS 37

Syllabus

<p>NOTICE OP APPEAL — SERVICE — RIGHT OP INTERVENOR TO NOTICE.</p> <p>An affidavit of appellant, filed as a supplement to the record, ■which alleges that notice of appeal was served upon a respondent “by delivering and leaving at the office of [his attorneys] a true copy of said notice of appeal,” does not sufficiently prove the service as prescribed by the statute.</p> <p>An appeal will not lie from a judgment which fails to dispose of all the defendants in the action, either by dismissal or by an affirmative judgment.</p> <p>Where a party has been allowed by the court to intervene in an action, he is as much a party in interest as the parties who had originally appeared in the action, and is entitled.to a notice of appeal from any judgment upon the issues raised by the original parties.</p>