Roberts v. Shelton Southwestern Railroad

Citations

• 21 Wash. 427
• 58 P. 576
• 1899 Wash. LEXIS 304

Syllabus

<p>APPEAL-SUFFICIENCY OF NOTICE. •</p> <p>A notice of appeal setting forth that appeal is taken from the final orders entered by the court on January 12, 1898, which dismiss the petition herein as to the plaintiffs and defendants mentioned in the notice and in the causei, designates with sufficient certainty from what judgment the appeal is taken.</p> <p>SAME — BOND BY SURETY COMPANY.</p> <p>It is not necessary that an appeal bond by a surety company should show on its face, either that the company has complied with the laws of the state relating to recognizances, stipulations, bonds and undertakings, or that it is legally authorized to do business in the state.</p> <p>SAME-OBJECTIONS NOT RAISED BELOW.</p> <p>If objection that a surety company is not qualified to become surety on an appeal bond has not been raised in the court below, it must be deemed as having been waived.</p> <p>VACATING JUDGMENT-MATTERS REVIEW ABLE ON APPEAL.</p> <p>On appeal from a judgment on a petition to vacate a judgment, matters occurring in the original action, which were properly reviewable on appeal from the original judgment therein, are not properly a part of the record nor subject to consideration by the supreme court, when reviewing the proceedings wherein the subsequent judgment was rendered.</p> <p>SAME-SUFFICIENCY OF PETITION.</p> <p>Under Bal. Code, §§ 5153-5162, proceedings for the vacation of a judgment constitute an independent action, and, by the terms of § 5156, it is necessary, in order to obtain the benefit of a vacation, that there be filed a petition, verified by affidavit, setting forth the judgment or order, and the facts constituting a cause to vacate it; therefore, a petition which fails to set forth, except by inference, the judgment complained of, and does not allege what the original action was, or what the issues therein determined were, is demurrable for want of stating sufficient facts.</p> <p>AUTHORITY OF ATTORNEY — WHEN MAY BE QUESTIONED.</p> <p>Where the que