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Roethler v. St. Martins M. Springs Hotel Co.

The Supreme Court of Washington
Nov 19, 1929
282 P. 207 (Wash. 1929)

Opinion

No. 22030. Department One.

November 19, 1929.

APPEAL AND ERROR (180) — REQUISITES — LIMITATIONS — APPEAL FROM FINAL JUDGMENTS. An appeal will be dismissed where it was not taken within thirty days, as required by Rule of Court X, Rem. 1927 Sup., § 308-10, promulgated pursuant to Id., § 13-1.

Appeal from a judgment of the superior court for Skamania county, Kirby, J., entered February 15, 1929, dismissing an action for equitable relief, after a trial to the court. Appeal dismissed.

Richards Richards, for appellant.

Bates Burnett, Bowerman Kavanaugh, F. Reed McBride, and John Wilkinson, for respondents.


Plaintiff, a stockholder in defendant, St. Martins Mineral Springs Hotel Co., a corporation, brought this action seeking certain equitable relief to which she claimed to be entitled by reason of her ownership of the stock above referred to. Defendants John Wilkinson and Katherine Haines were also interested in the corporation above named, the former as a stockholder and the latter as secretary. Shipherds Hot Springs, a corporation, intervened by leave of court and filed a separate answer to plaintiff's complaint. The trial resulted in a decree denying plaintiff the relief which she sought, and dismissing the action. This decree bears date February 13, 1929, and was filed in the office of the clerk of the superior court on the fifteenth of the same month. May 10, 1929, plaintiff served and filed a notice of appeal.

[1] Respondents, being the persons originally named as defendants in the action, together with the intervener, have moved to dismiss this appeal upon the ground that the same was not seasonably taken. This motion must be granted. Rule X of this court (Rem. 1927 Sup., § 308-10), promulgated January 14, 1927, pursuant to chap. 118, Laws of 1925, Ex. Ses., p. 187 (Rem. 1927 Sup., § 13-1), provides that appeals in civil actions and proceedings must be taken within thirty days after the day of the entry of the final judgment. In the case at bar, the notice of appeal was served and filed May 10, 1929, more than eighty days after the entry of the decree. The appeal not having been taken within thirty days after the day of the entry of the final judgment, the same must be dismissed. Nudd v. Fuller, 150 Wn. 389, 273 P. 200; Davidson v. National Can Co., 150 Wn. 370, 273 P. 185.

Appeal dismissed.

MITCHELL, C.J., PARKER, TOLMAN, and MILLARD, JJ., concur.


Summaries of

Roethler v. St. Martins M. Springs Hotel Co.

The Supreme Court of Washington
Nov 19, 1929
282 P. 207 (Wash. 1929)
Case details for

Roethler v. St. Martins M. Springs Hotel Co.

Case Details

Full title:S.R. ROETHLER, Appellant, v. ST. MARTINS MINERAL SPRINGS HOTEL COMPANY et…

Court:The Supreme Court of Washington

Date published: Nov 19, 1929

Citations

282 P. 207 (Wash. 1929)
282 P. 207
154 Wash. 349

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