Shannon v. Consolidated Tiger & Poorman Mining Co.

Citations

• 24 Wash. 119
• 64 P. 169
• 1901 Wash. LEXIS 504

Syllabus

<p>APPEAL — NOTICE DESCRIPTION OE JUDGMENT.</p> <p>A notice of appeal which recites “that the defendant in the above entitled action hereby appeals from the judgment made and entered herein against the defendant on the 24th day of July, 1900, to the supreme court of the state of Washington, and from the whole and every part thereof,” is sufficient, although the judgment was signed by the judge July 16th, but not filed and entered by the clerk till July 24th, when there was but one judgment in the case, and the respondent could not have been misled.</p> <p>SAME BOND —’ TIME OE BILING. •</p> <p>Under Bal. Code, § 6505, which provides that the appeal bona may be filed with the clerk “at or before the time when the notice of appeal is given or served,” a bond filed on August 25th was in due time, when notice of appeal was given on August 24th and filed on the next day.</p> <p>SAME-REFERENCE TO JUDGMENT APPEALED FROM.</p> <p>An appeal bond sufficiently describes the judgment when it refers to it as having been made on July 16th, when it was in fact signed by the judge on that date, but not entered by the clerk until July 24th — there being but one judgment in the case.</p> <p>SAME-SUFFICIENCY OF BOND-DESCRIPTION OF OBLIGEE.</p> <p>An undertaking given on appeal, intended both as an appeal bond and a supersedeas bond, which undertakes “that the appellant will satisfy and perform the judgment appealed from,” is sufficient, without mentioning the name of the obligee with particularity.</p> <p>CONTINUANCE-SUFFICIENCY OF SHOWING MADE.</p> <p>A motion for a continuance was properly denied, when the affidavit in support thereof failed to set out the evidence on account of the absence of which the motion was made, and there was no showing that the absent witness would be present at a later trial or that he could be found, or .his evidence produced at the trial.</p> <p>GUARDIAN AD LITEM — APPOINTMENT OF NON-RESIDENT.</p> <p>Where a non-resident parent and minor children submit th