Long Bell Lumber Co. v. Gaston

Citations

• 78 Wash. 598
• 139 P. 641
• 1914 Wash. LEXIS 1068

Syllabus

<p>Appeal — Notice—Persons to Be Served — Surety. A surety upon a claim and delivery bond, against whom judgment was entered, appears in the action, within the meaning of Rem. & Bal. Code, § 1720; and' a notice of appeal is fatally defective where it was not served upon the surety.</p> <p>Same — Dismissal—Merits—Failure to Give Timely Notice. Rem. & Bal. Code, § 1734, providing for the denial of motions to dismiss an appeal on grounds not going to the merits, except for failure to take the appeal in time, does not authorize the denial of a motion for failure to serve the notice of appeal upon necessary parties within the time limited by law.</p>