Docket No. 462
Decided: Monday, February 29th, 1892
Opinion: 3 Wash. 787 (1892)
Court: Anders1 Court (1889-1892)
Anders
Dunbar
Hoyt
Scott
Stiles
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
HUNT v. SEATTLE CONSOL. ST. RY. CO., 3 Wash. 787; 29 P. 763 (1892).
No. 462.
SUPREME COURT OF WASHINGTON
February 29, 1892, Decided Appeal from Superior Court, King County.
Court: Appeal dismissed.
Counsel: Wiley, Hale & Scott, for appellant. Ross & Dowd, for respondent.
Per Curiam: The respondent moves to dismiss the appeal herein because the bond was not filed within five days after the notice of appeal was given, as required by ยง 1407, Code of Procedure. The notice of appeal was given November 5th, and the bond was filed November 11th, six days later. Appellant makes a showing to the effect that the failure to file within time was due to the omission of a clerk in his office, but the statute leaves us no discretion in the premises, and the motion must be granted. See Cook v. Oregon Short Line, etc., Ry. Co., 27 P. 5. Appeal dismissed.