Mon Wai v. Parks

Grady, C. J.,

(dissenting)—I think the judgment should bé affirmed. Parks did not become entitled to the benefit of Watkins’ successful appeal, because he does not come within the exception to the rule promulgated by ROW 4.88.040. The rule is that a party who does not join in an appeal taken by a codefendant cannot derive any benefit from such appeal. The exception is that such party may derive a benefit from the appeal if the necessity of the case so requires.

We said in Morgan v. Williams, 77 Wash. 343, 137 Pac. 476, that the necessity of the case contemplated by the statute was an absolute…