Wagner v. Royal
Washington Supreme Court
Cross-appeals from a judgment of the superior court for Thurston county, Linn, J., entered February 2, 1903, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action for an injunction.
1Opinion of the Court
Per Curiam. —
The defendants move the court to dismiss the appeal of the plaintiff, for the reason that he did not serve the notice of appeal upon the sureties on the cost bond, which he gave as a nonresident. of this state. This court has recently held that the trial court- is not authorized hy law to render judgment against the sureties on such bond, in the action in which the bond is filed, and that, in the absence of any judgment against such sureties, they are in no sense parties to the action, *430and therefore need not he served with notice of appeal. bTo judgment was entered against the…
2Cases cited5 opinions
- Curryer v. MerrillSupreme Court of Minnesota · 1878
- O'Connor v. LighthizerWashington Supreme Court · 1904
- Ætna Insurance v. ThompsonWashington Supreme Court · 1904
- State ex rel. Roberts v. School DirectorsSupreme Court of Missouri · 1881
- Rand, McNally & Co. v. HartranftWashington Supreme Court · 1902
3Cited by2 opinions
- Shippen v. ShippenWashington Supreme Court · 1916
- State ex rel. Dawson v. InnesSupreme Court of Kansas · 1913