Sellars v. Root

Citations

• 112 Wash. 93
• 191 P. 839
• 1920 Wash. LEXIS 713

Syllabus

<p>Appeal (172)—Time for Taking—Premature Appeal. An appeal from part of a judgment is not premature because taken prior to tbe time tbe right to file a motion for new trial expired, where it appears that the parties moving for the new trial were not aggrieved by the part of the judgment appealed from, which was in their favor.</p> <p>Same (174)—Effect of Motion for New Trial—Time for Taking. A motion for new trial is not timely made, as required by Rem. Code, § 402, where the court mailed to counsel copies of findings of fact and conclusions of law announcing his decision, together with a letter stating that the originals would be filed with the clerk on a certain date, which was .done, and the motion for a new trial was not made within two days after such filing.</p>