Kato v. Union Oil Co.

Citations

• 91 Wash. 302
• 157 P. 688
• 1916 Wash. LEXIS 1046

Syllabus

<p>Appeal — Parties—Bond—Sheriff. A sheriff, holding possession of property in dispute by virtue of his office, having no interest in the controversy waged by the other parties to the suit, is not a necessary party who need join with either side or give any bond on appeal.</p> <p>Same — Appeal—Loss of Right- — Cessation of Controversy — Delivery of Property. In a controversy for property in the possession of the sheriff, the fact that the sheriff surrendered possession does not work a cessation of the controversy, where the surrender was involuntary and by direction of the court in order to satisfy a prior judgment.</p> <p>Same — Parties—Interest—Notice of Appeal — Consolidated Action. Failure to serve notice of appeal upon parties to another action consolidated with the present action does not work a dismissal of the appeal, where no notice of the consolidation was gi'ven such parties and they did not appear and their interests could not have been affected by the judgment.</p>