Bishop v. Hamlet

(dissenting) — I dissent from the decision affirming the judgment. The court does not have jurisdiction of this appeal, so it must be dismissed. In such circumstances, the court is powerless to affirm the judgment. Johnston v. Seattle Taxicab & Transfer Co., 89 Wash. 494, 154 Pac. 787.

The appellate jurisdiction of this court is derived solely from Art. IV, § 4, of the state constitution, which, so far as material, is:

“. . . excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy,…