Ellis v. Bardin
Washington Supreme Court
Appeal from a judgment of the superior court for Chelan county, Heal, J., entered June 6, 1901, upon motion of the plaintiff for judgment upon the pleadings, in an action on contract.
1Opinion of the Court
Mount, J. —
Respondent moves to dismiss this appeal for the reason that no transcript was filed in the lower court within ninety days after the appeal was taken. Judgment was entered on June 6, 1904. The appeal was taken on July 27, 1904. On October 29, 1904, which was ninety-four days after the appeal had been taken, respondent served upon appellant his motion to dismiss the appeal. At that time no transcript had been filed, the clerk of the lower court had not been requested to make one, and no extension of the time had been made by stipulation or otherwise. Subsequent to the filing- of the…
Also in this document: Dissent.
2Cases cited3 opinions
- Chapin v. City of Port AngelesWashington Supreme Court · 1903
- Prescott v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1902
- Johnson v. San Juan Fish & Packing Co.Washington Supreme Court · 1902
3Cited by18 opinions
- Myers v. MyersUtah Supreme Court · 1923
- Otis & Co. v. GrimesSupreme Court of Colorado · 1935
- H. B. Bolas Enterprises, Inc. v. ZarlengoSupreme Court of Colorado · 1965
- Kilpatrick v. MillerSupreme Court of Colorado · 1913
- McAvoy v. JenningsWashington Supreme Court · 1905
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