Town of Elma v. Carney
Washington Supreme Court
Appeal from Superior Court, Chehalis County. Action by tbe Town of Elma against John J. Carney and wife to foreclose certain street grade assessment liens. Judgment for defendants upon a general demurrer to,tbe complaint, and plaintiff appeals.
1Opinion of the Court
*419The opinion of the court was delivered by
Stiles, J. —
The respondent moves to dismiss — (1) Because the notice of appeal was given orally in open court, and not by writing which was filed. We hold that the method taken was strictly in accordance with Code Proc., § 1405, and therefore sufficient.. (2) It was not entered in the journal. We think it was entered in the journal, although it was in the minute of the judgment. (3) The judge made no order for the entry. Having been given and entered, although the record does not state as much, we will presume that the proper direction was given to the…
2Cases cited2 opinions
- Wilson v. City of SeattleWashington Supreme Court · 1891
- Lockhart v. Mayor of HoustonTexas Supreme Court · 1876
3Cited by13 opinions
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- City of New Whatcom v. Bellingham Bay Improvement Co.Washington Supreme Court · 1896
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1903
- Anderson v. BlakeslySupreme Court of Iowa · 1912
- Metropolitan Building Co. v. City of SeattleWashington Supreme Court · 1911
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