Yakima Water, Light & Power Co. v. Hathaway

Citations

• 18 Wash. 377
• 51 P. 471
• 1897 Wash. LEXIS 173

Syllabus

<p>APPEAL BOND — SUFFICIENCY OF — NOTICE OF APPEAL — PRESUMPTION AS TO SERVICE—RECORD — CONDEMNATION PROCEEDINGS — RIGHTS OF MORTGAGEE AND JUDGMENT LIENORS IN DAMAGES AWARDED.</p> <p>Where sureties upon an appeal bond are named in the body ■of the bond and subscribe to the justification, it is a sufficient execution by them of the bond, although their names may not be subscribed to the bond otherwise.</p> <p>Where an acknowledgment by respondents of service of a notice of appeal is dated on the same day as the filing of the notice, the presumption is that the service was made before the filing.</p> <p>Where judgment iias been entered in a cause based upon an agreed statement of facts and a stipulation for a waiver of formal pleadings, and the facts are sufficiently stated to show the claims of the respective parties, such statement of facts and stipulation are a sufficient record to warrant the action of the appellate court thereon in case of appeal.</p> <p>Under the statutes of this state, the decree of appropriation awarding damages in condemnation proceedings is for an interest in the land taken, and the holders of mortgage and judgment liens on such land at the time of its appropriation are entitled to share in the damages awarded to the extent and according to the priority of their liens.</p>