Maxwell v. Griffith

Citations

• 20 Wash. 106
• 54 P. 938
• 1898 Wash. LEXIS 475

Syllabus

<p>APPEAL — PREPARATION OP TRANSCRIPT — ACTION ON ATTACHMENT-BOND — WHEN PREMATURE — ATTORNEY’S PEE — QUESTION POR JURY — EVIDENCE — JUDICIAL NOTICE.</p> <p>A motion to strike appellants’ brief, because the latter had not caused the clerk of the lower court to prepare or certify a transcript of the record on appeal at the time the briefs of the parties were prepared, will be denied, where the respondent did not move against the record on that ground, or make any attempt to procure its preparation at an earlier date, and there-is no showing that injury resulted therefrom.</p> <p>An action on an attachment bond is premature, where an appeal from the final judgment is pending, involving an interlocutory order dissolving the attachment, as the provision of Code Proc., § 295 (Bal. Code, § 5357), authorizing an action on the bond before the principal suit is determined, is repealed by Laws 1893, p. 119, § 1, subd. 1 (Bal. Code, § 6500), providing that an appeal from a final judgment shall bring up for review any order made in the same action or proceeding, either before or after judgment, in case the record presents it sufficiently for the purpose of review.</p> <p>Both the trial and the appellate court will take judicial notice, in an action on an attachment bond, of the pendency of an appeal involving an order dissolving the attachment, where the records of the respective courts disclose that fact.</p> <p>The attorney’s fee received in proceedings for the dissolution of an attachment, as distinguished from the attorney’s fee for the action on the bond, which Code Proc. § 295 (Bal. Code, § 5357), provides shall be fixed by the court, is a matter of damages to be submitted to the jury in an action on the attachment bond.</p>