Sipes v. Puget Sound Electric Railway Co.

Citations

• 50 Wash. 585
• 97 P. 723
• 1908 Wash. LEXIS 790

Syllabus

<p>Appeal- — Notice—Service Upon Co-Party — Necessity — Jurisdiction — Dismissal op Appeal. Where judgment is entered in a personal injury case upon a verdict in favor of plaintiff, against one defendant for damages, and in favor of a co-defendant for costs, and appeal is taken by the unsuccessful defendant, failure to serve the notice of appeal upon the co-defendant, as required by Bal. Code, § 6504, does not deprive the supreme court of jurisdiction or work a dismissal of the appeal; since Bal. Code, § 6503, provides that service of the notice upon the prevailing party shall effect the appeal; and since such co-party has no right to -appeal and no interest in the appeal taken, and the same does not go to the substance, or to the right to appeal, under Laws 1899, p. 79, which provides for the denial on terms of motions to dismiss which do not go to the substance or to the right to appeal, and for amendments to cure defects, and that appeals shall not be dismissed for informalities or defects in the notice or service if the appeal be forthwith perfected.</p> <p>Same — Curing Defects — Proof of Service on Co-Party — Parties Represented by Same Attorney. Upon a motion to dismiss an appeal for failure of the appellant to serve notice upon a co-party in whose favor judgment had been given, an affidavit showing that the co-party was represented by the same attorneys as the appellant, that they prepared the notice of appeal and at all times had a copy in their possession as attorneys for the co-party, and had notice of the appeal, and the co-party had no intention to join therein, cures any defect, and shows sufficient service and proof thereof, under Laws 1899, p. 79, providing that the supreme court shall disregard all objections not going to the substance or to the right to appeal and that no appeal shall be dismissed for defect in the notice or service if the appellant shall forthwith perfect the appeal.</p> <p>Appeal — Notice—Piling Proof of Service. Proof of service