Noble v. Whitten

Citations

• 34 Wash. 507
• 76 P. 95
• 1904 Wash. LEXIS 378

Syllabus

<p>Appeal — Dismissal—'Pendency of Prior Appeal — 'Abandonment. Where two appeals are taken and a motion is made to dismiss the second appeal because of the pendency of the first, and on the oral argument counsel state that they have abandoned the first appeal and rely only on the second, the motion will be denied.</p> <p>Appeal — Parties—Sureties on Bond of Distributees of Estate — No Judgment Against. Upon an appeal from an order of distribution of an estate in which the distributees were required to give bonds, the sureties on the bonds are not parties to the judgment upon whom notice of appeal must be served, since under the statute, Pierce’s Code, § 2678, no judgment can be taken against them, and they are entitled to their day in court.</p> <p>Appeal — Notice—Parties Named in Body of Notice — Guardian Ad Litem Signing Notice as Attorney — Sufficiency. An appeal should not be dismissed because not joined in by certain interested minors, where the body of the notice includes their names as appealing by their guardian ad litem, P., although it is signed by P. on behalf of all the parties as “their attorney” only, since he thereby purports to represent all the parties as attorney and it was not essential that he also sign as guardian ad litem, for part of them.</p> <p>Appeal — Parties—Failing to Object to Account — Notice Nam:ing Unnecessary Party — Failure of Such Party to Join in Bond. An appeal from an order of final distribution of an estate should not be dismissed because one of the persons named in the notice of appeal did not join in the execution of the appeal bond, when it appears that such person did not file any objections to the account and his successors in ‘interest filed objections and duly joined in the appeal; since he was therefore not a necessary party to the appeal.</p> <p>Appeal — Bonds—Objection to Surety. An objection to an appeal bond that the surety was not qualified must be first raised in the court below.</p>