20 Wash. 106 | Wash. | 1898
The opinion of the court was delivered by
The plaintiff recovered judgment in an action upon an attachment bond, from which the defendants have appealed. A motion is made to strike the appellants’ brief, because at the time the same was prepared, and also when the respondent’s brief was prepared, the appellants had not caused the clerk of the superior court to prepare or certify a transcript of the record on appeal. We think this motion should be denied, for the reason that, if the time had elapsed within which to prepare the record, the respondent should have moved against it for that reason. He has not done so, nor, apparently, did he make any attempt to procure the preparation of the same at an earlier date. Also, an inspection of the respondent’s brief and the matters presented by the record shows that no injury resulted to him, nor has the court been embarrassed in considering the case.
At the time this action was begun, an appeal from the
We think-it is the intention of the law, expressed by the constitution and the acts of the legislature, that all mat
A number of questions have been presented by the appeal which will not be considered, as the foregoing disposes of the case; but a controversy having arisen as to whether the attorney’s fees for obtaining a dissolution of the attachment should be fixed by the court or by the jury, and the lower court having been of the opinion that it was not a question for the jury, under our holding in Seattle
Reversed and remanded, with instructions to dismiss.
Anders, Dunbar, Gordon and Peavis, JJ., concur.