First National Bank v. Gordon Hardware Co.

Citations

• 30 Wash. 127
• 70 P. 251
• 1902 Wash. LEXIS 657

Syllabus

<p>APPEAL-NOTICE-PASTIES.</p> <p>When a party to an action has not appeared except for the purpose of disclaiming any interest in the subject matter of the suit, he is not a necessary party to the suit, and need not be served with notice thereof.</p> <p>SAME-DISMISSAL EOS FAILURE TO SERVE ALL PARTIES.</p> <p>A motion to dismiss an appeal for want of service of notice upon one of the parties to the action is premature, where the appellant has not brought up his record on appeal and his time therefor has not expired, since the question of whether due notice of appeal has been given to all the parties entitled thereto can be determined only by an inspection of the record.</p>