Legal Opinion

Meeker v. Gardella

Washington Territory

Decided July 15, 1885PublishedCited by 4 opinions

Appeal from Third Judicial District, holding terms at Tacoma. In this cause a notice of appeal was given, and duly entered in the journal of the lower Court, as prescribed by the Act of 1883. Afterwards the appellant served and filed a notice of appeal, conformably to the Code of 1881, and caused the evidence to be certified into this Court by the Clerk of the District Court, as such clerk is required to certify written evidence under Section 451 of the Code.

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Appeal from Third Judicial District, holding terms at Tacoma. In this cause a notice of appeal was given, and duly entered in the journal of the lower Court, as prescribed by the Act of 1883. Afterwards the appellant served and filed a notice of appeal, conformably to the Code of 1881, and caused the evidence to be certified into this Court by the Clerk of the District Court, as such clerk is required to certify written evidence under Section 451 of the Code. Appellees entered a special appearance, and moved to strike the transcript, and to dismiss the appeal on the following grounds : I. No…

1Opinion of the Court

Opinion by

Greene, Chief Justice.

This is a motion to strike the evidence from the files of this Court, and dismiss the appeal. Erom inspection of the tran•script, we find that notice of appeal was regularly given and entered of record in the lower Court, conformably to the Appeal Act of 1883, and that afterwards proceedings were instituted with a view to taking and perfecting an appeal under the provisions of the Code. In course of these latter proceedings, and in regular form, this mass of evidence has been certified to this Court, by the clerk of the Court below, as written evidence.

The…

2Cited by4 opinions

  1. State Ex Rel. Northeast Transportation Co. v. Superior CourtWashington Supreme Court · 1938
  2. State v. McCollumWashington Supreme Court · 1943
  3. State v. McCollumWashington Supreme Court · 1943
  4. Stenger v. RoederWashington Supreme Court · 1892

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