7 Wash. 223 | Wash. | 1893
Lead Opinion
The opinion of the court was delivered by
This is an application for a mandamus to require the superior court of Spokane county to entertain jurisdiction of an appeal from a justice’s court.- The notice of appeal was as follows:
"State of Washington,-County of Spokane, ss.:
“Before T. J. Cartwright, Justice of the Peace.
“K.F. Fifer, Plaintiff, vs. William Maltby, Defendant.
'■’■To the above named plaintiff and his attorneys:
“You will please take notice that the above named defendant appeals to the superior court from a judgment heretofore rendered by said justice of the peace, against him in the above entitled cause. ’ ’
[Signed.]
The objection that this notice was not entitled in a court is not well taken. There is no court apart from the officer
The practice in cases of this kind was settled in State v. Hunter, 3 Wash. 92 (27 Pac. Rep. 1076), in accordance with the very highest authority, and we see no reason to change that ruling.
Let the alternative writ be made peremptory.
Anders, Scott and Hoyt, JJ., concur.
Dissenting Opinion
(dissenting).I dissent. I think the notice is too indefinite to convey any information to the plaintiff. Neither the date of the judgment nor the judgment, itself is described. It is not uncommon for different judgments to be rendered in the same court concerning the same parties, and it is inexcusable carelessness not to describe the judgment appealed.from in some way. The writ should not issue.
