Pierce v. Commercial Investment Co.

Washington Supreme Court
Pierce v. Commercial Investment Co., 31 Wash. 655 (Wash. 1903)
72 P. 473; 1903 Wash. LEXIS 685

Pierce v. Commercial Investment Co.

Opinion of the Court

Per Curiam.

— This is an action for revival of a judgment. On motion of defendants, the cause was dismissed by the lower court. When the plaintiff made his motion and petition for revival of the judgment, the court required him to give a cost bond, on the ground that plaintiff had removed from the state of Washington subsequently to the obtaining of the judgment, and the judgment from which this appeal was taken was rendered against the plaintiff and the sureties on said bond. The respondents move to dismiss the appeal, for the reason, among others, that no notice of appeal was given to or served upon the sureties on said bond. This motion will have to be sustained, under the rule announced in Cline v. Mitchell, 1 Wash. 24 (23 Pac. 1013), Carstens v. Gustin, 18 Wash. 90 (50 Pac. 933), and State ex rel. Billings v. Port Townsend, 27 Wash. 728 (67 Pac. 1135). This being a jurisdictional question, it is not necessary to discuss the other grounds alleged in the motion.

The appeal is dismissed.

Reference

Full Case Name
F. V. Pierce v. Commercial Investment Company
Cited By
7 cases
Status
Published
Syllabus
APPEAL-DISMISSAL-FAILURE TO SERVE NOTICE ON SURETIES. An appeal from a judgment on a cost bond will be dismissed, where the sureties on the bond have not joined in the appeal nor been served with notice of the appeal.