56 Wash. 11 | Wash. | 1909
Motion to dismiss the appeal, for affirmance of the judgment, and for damages upon the ground that the appeal has not been diligently prosecuted and was taken merely for delay.
The appellants confess the motion to dismiss and affirm, but resist the motion for damages. The only record before us is the motion and an affidavit showing the.appeal was perfected June 12, 1909, and that no subsequent steps have been taken by appellants. The affidavit, also sets forth that respondent has obligated itself to pay an attorney fee of $100 on this appeal; that $40 must necessarily be expended in attendance upon the court for the purpose of this motion, and that appellant has been damaged in the sum of $200 by the annoyance, inconvenience, and delay of the appeal.
The motion to dismiss and affirm is granted; that for damages is denied.