Sipes v. Puget Sound Electric Railway Co.
Washington Supreme Court
Motion to dismiss an appeal from a judgment of the superior court for King county, Albertson, J., entered April 11, 1908, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries.
1ConcurrenceRudkin, J.
(concurring) — As stated in the opinion of Mr. Justice Crow, it was held in a number of early cases in this court that the provision of Bal. Code, § 6504 (P. C. 1052), requiring the service of the notice of appeal on all parties who appeared in the action, was mandatory, and that the service of the notice of appeal on all such parties was jurisdictional. If these rulings are correct, the failure to serve the notice of appeal on the defendant Dimmock in this case is not cured by the act of 1899, for we have repeatedly held that the latter act does not cure jurisdictional defects. The numerous…
2Cases cited7 opinions
- Buddress v. SchaferWashington Supreme Court · 1895
- Smalley v. LaugenourWashington Supreme Court · 1902
- McEachern v. BrackettWashington Supreme Court · 1894
- Watson v. SawyerWashington Supreme Court · 1895
- Doyle v. McLeodWashington Supreme Court · 1892
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