Docket No. 726
Decided: Monday, March 6th, 1893
Opinion: 6 Wash. 25 (1893)
Court: Dunbar1 Court (1893-1894)
Dunbar
Anders
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.
DWYER v. SCHLUMPF, 6 Wash. 25; 32 P. 1005 (1893).
No. 726.
SUPREME COURT OF WASHINGTON
March 6, 1893, Decided Appeal from Superior Court, King County.
Counsel: Burke, Shepard & Woods, for appellants. Struve & McMicken, James Kiefer, Fishback & Hardin, and White & Munday, for respondents.
Judge(s) HOYT, J. DUNBAR, C. J., and SCOTT, ANDERS and STILES, JJ., concur.
Opinion By: HOYT The opinion of the court was delivered by HOYT, J.--The record in this case shows that the notice of appeal was given before final judgment had been entered against all of the defendants who had appeared in the action. Founded upon this fact, respondents move the court to dismiss the appeal. The motion must be granted. If we consider the case as a single one as between the plaintiffs and all of the defendants, an appeal could not be taken until there had been a final disposition of the issues as to all the defendants who had appeared in the action. If treated as separate actions between the plaintiffs and each of the defendants, there should have been separate appeals. It follows that, however we construe the record, the appeal taken was ineffectual.
DUNBAR, C. J., and SCOTT, ANDERS and STILES, JJ., concur.