No. 687 | Wash. | Feb 20, 1893
The opinion of the court was delivered by
This action was commenced by the plaintiff against several defendants. Judgment was duly rendered therein, from which one of the defendants has sought to appeal to this court. The notice of appeal given by said defendant was directed to and served upon the plaintiff and all the defendants excepting Benjamin A. Chilberg. As to this defendant the notice was entirely silent, and there is no proof in the record that it was ever served upon him or his attorney. For the reason that said defendant Chilberg was not made a party to the appeal a motion is made to dismiss the same.
It has frequently been held by this court that under the provisions of our statute all the parties who had appeared in the action in the court below must be made parties to the appeal, either by joining therein, or having notice thereof served upon them. It follows that the motion is well taken, unless there is something in the record to take this
The motion to dismiss must be granted.