49 Wash. 593 | Wash. | 1908
In this action sundry parties, by complaint and cross-complaint, sought to foreclose liens for labor and material against certain real property owned by the defendant William F. Sheard, and from a judgment in favor of the several lien claimants, Sheard and wife have appealed.
The respondents have interposed a motion to dismiss on the ground that the findings of fact and conclusions of law made and entered by the court are identical with the findings and conclusions proposed by the appellants. A comparison of the findings made and the proposed findings, as set forth in the appellants’ brief, shows this to be substantially true. The only difference we have been able to discover, aside from mere
Had the court signed the findings and conclusions proposed by the appellants, the judgment appealed from would follow as a matter of course, and for that reason the appellants cannot be heard in opposition to the judgment. The motion to dismiss is therefore granted. Since the submission of the case, certain persons who were not parties to the action have moved the court to strike their names from the notice of appeal, appeal bond and brief. The conclusion we have reached on the motion to dismiss renders a decision on this motion unnecessary. Appeal dismissed.