Legal Opinion

Brown v. Calloway

Washington Supreme Court

Decided February 29, 1904No. 4857PublishedCited by 6 opinions

Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered April 21, 1903, dismissing an action to recover the possession of real estate and to remove a cloud, upon the plaintiffs’ refusing to elect between two causes of action attempted to be- set up in the complaint.

1Opinion of the CourtMount, J.

Respondent moves to dismiss this appeal for the reason that the notice is not sufficient. The part *177of the notice to which objection is made is as follows: “You are hereby notified that the plaintiffs in the above entitled action hereby give notice of their application to appeal to the supreme court,” etc. The statute provides, at § 6503, Bal. Code, that a party desiring to appeal from a judgment or an order shall give notice “that he appeals from such judgment or order to the supreme court,” etc.; and it is argued that a notice of an application to appeal is not a notice of appeal. There is…

2Cases cited6 opinions

  1. Ranahan v. GibbonsWashington Supreme Court · 1900
  2. Watson v. GloverWashington Supreme Court · 1899
  3. Damon v. LequeWashington Supreme Court · 1896
  4. Povah v. LeeWashington Supreme Court · 1902
  5. Yarwood v. JohnsonWashington Supreme Court · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sipes v. Puget Sound Electric Railway Co.Washington Supreme Court · 1908
  2. Ball v. ClothierWashington Supreme Court · 1904
  3. Gilbert Co. v. HustedWashington Supreme Court · 1908
  4. James v. JamesWashington Supreme Court · 1904
  5. Johnston v. GerryWashington Supreme Court · 1904

1 more not listed; retrieve them via the Exa API.

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