Ætna Insurance v. Thompson

Citations

• 34 Wash. 610
• 76 P. 105
• 1904 Wash. LEXIS 392

Syllabus

<p>Appeal — Parties — Sureties on Cost Bond — Entry of Judgment Against- Sureties. Where upon a dismissal of an action judgment is rendered against the plaintiff and his sureties upon the cost bond, and plaintiff appeals, the sureties are necessary parties to the appeal, upon whom notice of appeal must be served where they do not join as appellants, although the judgment against the sureties was void for want of jurisdiction, and the lower court attempted to vacate it after the appeal was perfected. *</p> <p>Appeal — Effect of, on Jurisdiction of Lower Court — Judgments — Vacation After Appeal Perfected. After an appeal is perfected, the jurisdiction of the lower court is at an end, and it has no power to vacate the judgment as to appellant’s sureties on the cost bond, inadvertently entered against the sureties without notice, although the judgment was void for want of jurisdiction, since the supreme court has exclusive jurisdiction of the case.</p> <p>Judgments — Vacation — Nunc Pro Tunc Entry. An order vacating a judgment for inadvertence and want of jurisdiction can not be regarded as a nunc pro tuno entry of a judgment, when it does not appear what judgment the court intended to mate.</p>