State v. Miller

Citations

• 80 Wash. 487
• 141 P. 1139
• 1914 Wash. LEXIS 1345

Syllabus

<p>Appeal and Error—-Notice — Effect of Second Notice. The filing of a notice of appeal within due time operates as an abandonment of a prior notice, and hence all subsequent proceedings based upon such notice are fixed as to time of filing by the date of the second notice.</p> <p>Same—Proceedings to Perfect—Filing Fee—Failure to Pay— Dismissal. The payment of the filing fee on appeal subsequent to a motion to dismiss on the ground of nonpayment, but prior to the hearing of the motion, cures the defect, under Rem. & Bal. Code, § 1734, providing that, when any such motion does not go to the substance of the appeal, or to the right of appeal, the court may, in its discretion, deny the motion on such terms as may be just.</p>