Washington Supreme Court, 1902

McFadden v. Mountain View Mining & Milling Co.

McFadden v. Mountain View Mining & Milling Co.
Washington Supreme Court · Decided February 8, 1902
27 Wash. 729; 67 P. 1134; 1902 Wash. LEXIS 449

McFadden v. Mountain View Mining & Milling Co.

Opinion of the Court

Per Curiam.

Motion is,made to dismiss the appeal in this case, for the reason that the sureties did not qualify, as provided by statute, and that there was no justification whatever by such sureties, as is provided by § 6509, Bal. Code. This case falls squarely within the rule announced in Northern Counties Investment Trust v. Hender, 12 Wash. 559 (41 Pac. 913); and the motion will therefore be sustained and the appeal dismissed.

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