Seattle & Montana Railway Co. v. O'Meara
Seattle & Montana Railway Co. v. O'Meara
Opinion of the Court
The opinion of the court was delivered by
Respondent moves to dismiss' this appeal for the reason that it was not prosecuted within the time prescribed by law, it being over thirty days from the rendition of judgment. Sec. 2, chapter 146, Laws of 1891, being a general law covering appeals to the supreme court, provides that in civil actions and proceedings appeals shall be prosecuted within six months after the rendition of the decision, order or judgment complained of. While § 9 of
The motion will be granted and the appeal dismissed.
Anders, O. J., and Hoyt, Stiles and Scott, JJ., concur.
Reference
- Full Case Name
- Seattle & Montana Railway Company, and v. Patrick O'Meara
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- CONDEMNATION PROCEEDINGS — LIMITATION 03? APPEALr-SPECIAII. STATUTE — REPEAL BY IMPLICATION. Section 9 of the act of March 21, 1890 (Laws 1889-90, p; 300), providing that either party “may” appeal from the judgment for damages entered in condemnation proceedings within thirty days, must. be construed to mean that the appeal “must” be prosecuted within, that period. The provision of the act of March 21, 1890, regulating appeals in condemnation proceedings, being a special enactment, it is not repealed by the general statute of 1891 (Laws 1891, ch. 146, l 2) provid- • ing that in civil actions and proceedings appeals- shall be prosecuted, within six months after judgment'.