Wilson v. Puget Sound Electric Railway Co.

Citations

• 50 Wash. 596
• 97 P. 727
• 1908 Wash. LEXIS 791

Syllabus

<p>Appeal — Notice—Service Upon Co-Party — Necessity—Jurisdiction — Dismissal op Appeal. Where judgment is entered in a personal injury ease 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 cqre defects, and that appeals shall not be dismissed for informalities or defects in the notice or service if the appeal be forthwith perfected.</p>