Kawabe v. Continental Life Insurance

Citations

• 99 Wash. 214
• 169 P. 329
• 1917 Wash. LEXIS 1175

Syllabus

<p>Appeal—Dismissal—Effect. Plaintiff’s motion to dismiss tbe appeal entitles the respondent to judgment affirming the judgment of the superior court and against the surety on the appeal and supersedeas bond.</p> <p>Appeal—Proceedings After Dismissal—Leave to Petition for New Trial Below. Where by inadvertence a judgment dismissing an appeal failed to entirely dispose of the case for want of formal judgment of affirmance, the court will be directed to enter judgment accordingly, and the supreme court may consider appellant’s application for leave to file a petition for vacation of a judgment and new trial below, as though the case had been finally disposed of.</p>