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Pierce v. Commercial Investment Co.

F. V. Pierce v. Commercial Investment Company

Pierce v. Commercial Inv. Co., 72 P. 473 (Wash. 1903)
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Court
Washington Supreme Court · State Highest Courts
Decided
April 28, 1903
Docket
No. 4624
Citations
72 P. 47331 Wash. 6551903 Wash. LEXIS 685
Disposition
Appeal dismissed.
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.
Summary
' Appeal from Superior Court, Pierce County. — -Hon. John C. Stallcup, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 11914: 11922: 11937: 11943: 11945: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. State v. McCollum136 P.2d 165 (Wash. 1943) · Dissent
  2. Deno v. Standard Furniture Co.66 P.2d 1158 (Wash. 1937) · Dissent
  3. Stone-Easter, Inc. v. City of Seattle209 P. 687 (Wash. 1922)
  4. Long Bell Lumber Co. v. Gaston139 P. 641 (Wash. 1914)
  5. Gamble v. Alder Group Mining & Smelting Co.159 P.2d 624 (Wash. 1945)
  6. Brockway v. Abbott74 P. 1069 (Wash. 1904)

Most recent

  1. Gamble v. Alder Group Mining & Smelting Co.159 P.2d 624 (Wash. 1945)
  2. State v. McCollum136 P.2d 165 (Wash. 1943) · Dissent
  3. Deno v. Standard Furniture Co.66 P.2d 1158 (Wash. 1937) · Dissent
  4. Stone-Easter, Inc. v. City of Seattle209 P. 687 (Wash. 1922)
  5. Long Bell Lumber Co. v. Gaston139 P. 641 (Wash. 1914)
  6. Brockway v. Abbott74 P. 1069 (Wash. 1904)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Cline v. Mitchell, 23 P. 1013 (Wash. 1890) 18
Carstens v. Gustin, 50 P. 933 (Wash. 1897) 9
State ex rel. Billings v. City of Port Townsend, 67 P. 1135 (Wash. 1902) 6

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