McNamara v. Crystal Mining Co.

The opinion of the court was delivered by

White, J.

The motion of respondent J. L. Kelly to dismiss the appeal of the Crystal Mining Company because of failure to send up the record in time cannot now be entertained, under the rule announced in Gustin v. Jose, 10 Wash. 217 (38 Pac. 1008), as the record was filed before the motion. This action, as originally brought, was by W. H. McNamara, as plaintiff, against the Crystal Mining Company (a corporation), G. E. Adams, J. S. Noble, D. C. Joslyn, O. B. Helson, J. K. Worts, W. M. Ridpath, and J. Fielding, as defendants. The complaint alleges, in…