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PER CURIAM.-For the reasons assigned in the case of Heath v. McCrea, ante, p. 342, the judgment is affirmed.

[No. 3019. Decided December 16, 1898.]

CHARLES HOPKINS, Appellant, v. JOHN PARKINSON et al., Respondents.

Appeal from Superior Court, King County.-Hon. E. D. BENSON, Judge. Affirmed.

Donworth & Howe, and M. Gilliam, for appellant.

George E. de Steiguer, and Will H. Thompson, for respondents.

PER CURIAM.-An examination of the pleadings in this case and of the testimony submitted convinces us that the judgment rendered was right. It will therefore be affirmed.

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[No. 3044. Decided December 16, 1898.]

CITY OF SEATTLE, Appellant, v. D. K. BAXTER, Respondent.

Appeal from Superior Court, King County.-Hon. WILLIAM HICKMAN MOORE, Judge. Affirmed.

Pratt & Riddle (W. E. Humphrey, of counsel), for appellant. Harrison Bostwick (John E. Humphries, of counsel), for respondent.

PER CURIAM.-This appeal presents but two questions for determination. The first relates to a ruling of the court which permitted the defendant to file an amended answer. The granting or refusing to grant an amendment rests in the sound discretion of the court (Barnes v. Packwood, 10 Wash. 50, 38 Pac. 857), and we do not think that its discretion was abused in the present case.

The second question is whether a wife is a necessary party to an action brought to foreclose an assessment lien. The affirma

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tive of this question is too well settled in this state to admit of present discussion. Littell & Smythe Mnfg. Co. v. Miller, 3 Wash. 480 (28 Pac. 1035); Sagmeister v. Foss, 4 Wash. 320 (30 Pac. 80, 744); Parke v. Seattle, 8 Wash. 78 (35 Pac. 594); Brotton v. Langert, 1 Wash. 73 (23 Pac. 688).

Affirmed.

(No. 3191. Decided January 21, 1899.]

LUCY A. BOARDMAN et al., Appellants, v. CITY OF SPOKANE et al.,

Respondents.

Appeal from Superior Court, Spokane County.-Hon WILLIAM E. RICHARDSON, Judge. Affirmed.

Lewis & Lewis, for appellants.

A. G. Avery, for respondents.

PER CURIAM.-The allegations of error in this case are (1) That a writ of review was not the proper remedy; and (2) that even though the writ was a proper one, the record did not show such a state of facts as under the law would entitle the plaintiffs to any relief.

Without passing on the first proposition, we are satisfied that under the law as announced by a long line of recent decisions on the subject of street assessments, the judgment in this case was correct. It will, therefore, be affirmed.

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[No. 3193. Decided January 21, 1899.1

JOHANNA C. SALING et al., Appellants, v. CITY OF SPOKANE et al.,
Respondents.

Appeal from Superior Court, Spokane County.-Hon WILLIAM E. RICHARDSON, Judge. Affirmed.

Lewis & Lewis, for appellants.

A. G. Avery, for respondents.

Opinion Per Curiam.

[20 Wash. PER CURIAM.-With one exception the questions involved in this case are the same as those involved in No. 3191, Boardman v. Spokane, just decided. But in view of the late decisions of this court on this subject, the judgment will be in all respects affirmed.

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[No. 3120. Decided February 7, 1899.]

W. A. VAN DUSEN, Appellant, v. DANIEL KELLEHER et al., Respondents.

Appeal from Superior Court, King County.-Hon. WILLIAM HICKMAN MOORE, Judge. Appeal dismissed.

Elwood Harshman, for appellant.

Bausman, Kelleher & Emory, for respondents.

PER CURIAM.-At the hearing of this cause a motion was made by respondents to dismiss the appeal for want of jurisdiction. The judgment appealed from was rendered on the 4th of May, 1898. Notice of appeal was served on May 18, 1898, but not filed until June 1, 1898. The appeal bond was served on May 18, 1898, and filed June 1, 1898. Section 4 of the appeal act of 1893 (Session Laws, p. 121, Bal. Code, § 6503), requires the notice of appeal to be filed within five days after service. Section 6 of the same act (Laws 1893, p. 122, Bal. Code, § 6505) provides that an appeal shall not become effectual for any purpose, unless the appeal bond be filed with the clerk of the court within five days after the notice of appeal is given or served. These requirements have been held to be jurisdictional. Hibbard v. Delanty, ante, p. 539.

The motion must prevail and the appeal is dismissed.

INDEX.

ABATEMENT AND REVIVAL.

Another Action Pending-Identity of Causes. An order of the trial court abating an action until the trial of a subsequent action between other parties, which involves a portion only of the property involved in the action abated, is erroneous.-Hall v. Woolery.... ACCESSORIES. See CRIMINAL LAW, 12.

ACCOUNTING. See PLEADING, 8.

ACTIONS.

Champerty as a Defense. A champertous contract can be set up as a defense only in an action in which the agreement itself is sought to be enforced.-Straw-Ellsworth Mfg. Co. v. Cain.....

See BILLS AND NOTES, 4; CLOUD ON TITLE; FRAUD,1.

ACT OF GOD. See CARRIERS, 7.

AFFIDAVITS. See APPEAL, 9, 31.

ALIENATING AFFECTIONS. See EVIDENCE, 11-13; HUS-
BAND AND WIFE, 5, 6.

AMENDMENT. See APPEAL, 13, 22.

APPEAL.

1. Notice. A second notice of appeal may be given and the appeal perfected thereunder, without a formal order of dismissal of an appeal attempted under a prior notice.Sligh v. Shelton Southwestern R. R. Co......

2. Objections to Bond-When to be Raised. Objection to an appeal bond, because the justification of the sureties is technically defective, cannot be raised for the first time in the appellate court.-Id....

3. Briefs-References to Transcript. Reference in a brief to the pages of the transcript, as required by the court rules, is not necessary, when the case was disposed of upon a motion to strike portions of the complaint and upon a demurrer to the complaint, and the brief contains the substance of both.-Id..

440

351

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APPEAL-CONTINUED.

4. Same-New Points Cannot be Raised in Supplemental
Briefs. The fact that a creditor's bill against a receiver
does not allege leave of court to sue, being a purely tech-
nical objection which was not relied on in the lower
court nor in respondents' original brief, although a de-
murrer for want of sufficient facts had been interposed
against the complaint, cannot be raised in a supple
mental brief which is filed under the rule permitting the
citing of additional authorities to sustain points raised
in the regular brief.-Id....

... 16
5. Amount in Controversy. Under art. 4, § 4, of the consti-
tution, prohibiting appellate jurisdiction in actions for
the recovery of money, where the amount in controversy
is less than $200, the consolidation of a number of actions
by different plaintiffs against the same defendant, the
amounts involved in each case being less than $200, will
not invest the supreme court with jurisdiction of an
appeal from the judgments rendered, although their ag-
gregate sum is largely in excess of $200, where each
plaintiff had a distinct and separate cause of action, and
could not recover unless he showed that he was individu-
ally entitled to a judgment.-Garneau v. Port Blakely
Mill Co.....

6. Record-Delay in Preparation. A motion to strike ap-
pellants' brief, because the latter had not caused the
clerk of the lower court to prepare or certify a transcript
of the record on appeal at the time the briefs of the par-
ties were prepared, will be denied, where the respondent
did not move against the record on that ground, or make
any attempt to procure its preparation at an earlier date,
and there is no showing that injury resulted therefrom.
-Maxwell v. Griffith.....

7. Bond Conditioned for Costs and Supersedeas-Sufficiency.
A bond for $200 conditioned both as a stay bond and a
cost bond on appeal is insufficient to confer jurisdiction
on the supreme court, under Laws 1893, p. 122, §§ 6, 7
(Bal. Code, §§ 6505, 6506), which provide that an appeal
bond in the penalty of $200, conditioned for the payment
of costs and damages, must be given; and, in case a stay
of proceedings is sought, the bond, where the appeal is
from a final judgment for the recovery of money, shall
be in a penalty double the amount of the damages and
costs recovered in such judgment, and in other cases
shall be in such penalty, not less than two hundred dol-

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