Cogswell v. Hogan
Washington Supreme Court
Error to District Court, Pierce County. On the 21st day of March, 1888, final judgment was entered in favor of defendants in error, and it was not until the 3d day of June, 1889, that notice of appeal was served and filed in this cause, by plaintiffs in error. No appeal having been taken in the time allowed by law, consent of parties, or willingness of judge to hear, can not give the supreme court jurisdiction. Stark v. Jenkins, 1 Wash. T. 421j Blinn v. Crosby, 2 Wash.
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Error to District Court, Pierce County. On the 21st day of March, 1888, final judgment was entered in favor of defendants in error, and it was not until the 3d day of June, 1889, that notice of appeal was served and filed in this cause, by plaintiffs in error. No appeal having been taken in the time allowed by law, consent of parties, or willingness of judge to hear, can not give the supreme court jurisdiction. Stark v. Jenkins, 1 Wash. T. 421j Blinn v. Crosby, 2 Wash. T. 109; Code Wash. T., H 458-461; Acts 1883, p. 59.
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, J.
The notice of appeal in this cause was not filed or served until long after the expiration of the time provided by statute in which an appeal can be taken. And the question presented by the motion to dismiss is as to whether or not an appeal thus taken can avail the parties thereto.
That the notice of appeal is the essential step in bringing a case to this court is not questioned, but it is claimed by counsel for plaintiff in error, that the limitation as to time of appeal can be waived by the parties, and that there has been such waiver in this…
2Cases cited2 opinions
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