Kubillus v. Ewert
Washington Supreme Court
Appeal from a judgment of the superior court for Whitman county, Chadwick, J., entered July 2, 1903, upon granting a nonsuit at the close of plaintiffs’ testimony, after a trial before the court and a jury, in an action on contract.
1Opinion of the CourtHadley, J.
Respondents have moved to dismiss this appeal. The ground urged is that the motion for new trial was neither seasonably served nor filed, and that the appeal was therefore not taken in time. The judgment was entered July 2, 1903, and the motion for neiw trial was both served and filed on the 6th day of the same month. The motion was overruled on the 10th day of Pebruary, 1904, and the appeal was taken April 28, 1904. If the motion for new trial was seasonably filed, then the time for appeal began to run from the date the motion was overruled. State ex rel. Payson v. Chapman, 35 Wash. 64, 76…
2Cases cited5 opinions
- State ex rel. Payson v. ChapmanWashington Supreme Court · 1904
- Rice Fisheries Co. v. Pacific Realty Co.Washington Supreme Court · 1904
- Detroit Heating & Lighting Co. v. StevensUtah Supreme Court · 1898
- Blethen v. BlakeCalifornia Supreme Court · 1872
- Hobart v. BeersSupreme Court of Kansas · 1881
3Cited by4 opinions
- Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
- Morris v. BrownWashington Supreme Court · 1912
- Dunseath v. HallauerWashington Supreme Court · 1952
- Hidden v. Washington-Oregon Corp.District Court, W.D. Washington · 1914