Seattle, Lake Shore & Eastern Railway Co. v. Simpson

Citations

• 19 Wash. 628
• 54 P. 29
• 1898 Wash. LEXIS 439

Syllabus

<p>APPEAL — LIMITATION — SERVICE OF NOTICE — JURISDICTION BY CONSENT.</p> <p>A judgment dismissing an action is a final judgment, and, under 'Laws 1895, p. 81 (Bal. Code, § 6502), the limitation upon appeal therefrom is ninety days after the date of entry of such judgment, and not the fifteen-day limitation upon all orders other than final orders, provided for by the same statute.</p> <p>Under Laws 1895, p. 561, § 82, providing that notice of appeal to the superior court from the decision of the board of state land commissioners, as to the prior right to purchase tide lands, must be served upon the respondents, or upon their attorneys, within thirty days after the filing or entry of such decision, service of the appeal notice must be made upon the attorney of record for a respondent, and the superior court can take no jurisdiction of an appeal where admission of service of the notice appears to have been made by attorneys for respondent other than the attorney of record.</p> <p>Where a court has no jurisdiction of an appeal the appearance therein or consent of the respondent would not confer jurisdiction.</p>