Trumbull v. Jefferson County

Citations

• 37 Wash. 604
• 79 P. 1105
• 1905 Wash. LEXIS 777

Syllabus

<p>Appeal — Dismissal—Cessation op Controversy. Where, pending an appeal from an order refusing to enjoin a tax foreclosure sale, appellant pays the tax judgment, the appeal will be dismissed, since there is no longer any controversy, regardless of the fact that plaintiff was refused a supersedeas on appeal and was compelled to redeem in order to save the property.</p> <p>Same — Litigation oe Costs by Sureties. The rule that the supreme court will not entertain an appeal to determine a matter of costs, does not apply to sureties upon a cost bond against whom judgment for costs has been rendered, appeal lying in their behalf from such judgment.</p> <p>Appeal — Jurisdiction—Amount in Controversy. In actions of equitable cognizance, the supreme- court has jurisdiction on appeal irrespective of the amount in controversy.</p> <p>Judgment — Jurisdiction—Direct Attack. Upon a direct appeal from a judgment, jurisdiction must appear on the face of the record.</p> <p>Costs — Sureties on Nonresident’s Cost Bond — Judgment Against. Upon entering judgment against a nonresident plaintiff, the court is without jurisdiction to enter judgment for costs against sureties upon the cost bond, and such a judgment is a nullity.</p> <p>Appeal and Error — Decision—Costs. Where an appeal is affirmed as to part, and reversed as to part, of the appellants, and only one brief was filed, the respondents will be allowed one-half of their costs, and the successful appellants one-half of their costs.</p>