title:
Haas Bros, Plaintiff in error vs D J Gaddis, et al, Defendants in error, Plaintiff's Brief on Defendants motion to strike, dismiss and affirm.
title:
607
creator:
Haas Brothers
contributor:
George J. Moody
date:
1889
publisher:
Washington State Supreme Court
type:
Civil
subject:
Civil Procedure
language:
eng
format:
application/pdf
description:
Prior History: Appeal from District Court, Chehalis County.Appeal – Statement of Facts – Attorneys – Practice – Sheriff’s Fees – Construction of Statutes – Duty of Sheriff – Where it appears from the record that an attorney appears generally for all the defendants in an action, his stipulation that a notice of appeal might be given and a statement of facts settled at another time and place than named in the notice therefor, is binding on all the defendants, although the record also shows some of them were represented specially by other attorneys.The court will not presume, merely from the fact that one of the defendants is represented specially by a firm one of whose members has the same surname as the attorney signing the stipulation, that the latter is a member of said firm.Under the appeal act of 1883, it is not essential that the statement of facts should be attached to the transcript, the statute only requiring it to be sent up therewith; and where the certificate of the trial judge describes the statement of facts as having the same number and title as the papers in the transcript, and the statement and transcript were filed together in the supreme court, the statement is sufficiently identified with the transcript to be considered in connection therewith.Section 1 of the appeal act of 1883 requiring the transcript to be filed in the supreme court within the time required by law, is governed by § 460 of the code as to time of filing; but where a transcript has been filed less than fifteen days before the first day of the next term of the supreme court, appellees can take advantage of such failure only in the manner provided by § 461 of the code.Where the trial judge certifies that the statement contains all the material facts in the case, the omission of an instruction not claimed to be material by appellee, and which neither party has attempted to bring up, is no ground for dismissing the appeal.Section 2772 of the code, providing that no sheriff shall be liable for damages for refusing to serve any civil process unless his legal fees are first tendered him, must be construed in connection with § 2099, providing that no officer shall be required to perform any official act unless his fees were not tendered, where he has made no demand for them in advance of service.Where partnership property was attached in an action against one of the partners, and subsequently, but prior to judgment against the individual partner, creditors of the partnership attached the same property and obtained judgment in an action against the partnership, the sheriff’s refusal to proceed under execution in favor of the judgment creditors of the partnership, and his sale of the property upon the judgment obtained against the individual partner, will not render him liable for damages.
relation:
Haas v. Gaddis, 1 Wash. 89 (1890)
relation:
23 P. 1010
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
