Legal Opinion

City of Tacoma v. William Birmingham Co.

Washington Supreme Court

Decided November 2, 1908No. 7728PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Pierce county, Reid, J., entered August 12, 1908, setting aside a verdict and judgment and dismissing a condemnation proceeding, on motion of the plaintiff.

1Opinion of the CourtDunbar, J.

This is a motion to dismiss an appeal from an order dismissing a proceeding to condemn certain personal property situated in a street in the city of Tacoma. The city commenced the proceeding, a jury assessed the damage, and a judgment was entered thereon. The city then moved the court to set aside the judgment and verdict and dismiss the proceeding, on the ground that there was no jurisdiction of the subject-matter, and.the motion was granted and an order entered accordingly, on the 12th day of August, 1908.

The notice of appeal from that order was served October 7, 1908, fifty-six days after…

2Cases cited3 opinions

  1. Pedigo v. FullerWashington Supreme Court · 1905
  2. Brown v. DavisWashington Supreme Court · 1904
  3. Harris v. LevyWashington Supreme Court · 1905

3Cited by1 opinion

  1. Ham, Yearsley & Ryrie v. Northern Pacific Railway Co.Washington Supreme Court · 1920

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