Hight v. Batley

Citations

• 32 Wash. 165
• 72 P. 1034
• 1903 Wash. LEXIS 392

Syllabus

<p>APPEAL-EIGHT OF INTERVENTION.</p> <p>Application to intervene in a cause upon appeal comes too late, under Bal. Code, § 4846, which provides that applications for intervention must be made before trial.</p> <p>SAME-SUBSTITUTION OF APPELLANTS.</p> <p>The fact that an action in a matter of common interest to many persons bad been brought by one for tbe benefit of all would not give one for whose benefit tbe action bad been brought tbe right to be substituted as plaintiff and appellant upon tbe failure of tbe original plaintiff to prosecute an appeal which be bad effected.</p> <p>SAME-APPEAL BOND BY SUBSTITUTED PARTIES..</p> <p>Application to be substituted as appellants in a cause, and for leave to file a new appeal bond, is made too late, where more than ninety days has intervened after tbe notice of appeal from tbe judgment in tbe cause, and the time for filing bond under such appeal notice has expired.</p>