HIBBARD CO. v. MORTON, 184 Wn. 569 (1935)

52 P.2d 313

B.F. HIBBARD COMPANY, Respondent, v. GLEN MORTON, Appellant.

No. 25809. Department Two.The Supreme Court of Washington.
December 9, 1935.

[1] APPEAL AND ERROR (180) — REQUISITES — LIMITATIONS — APPEAL FROM FINAL JUDGMENTS. Under Rem. Rev. Stat., § 308-10, appeal must be taken within thirty days after entry of judgment. [2] SAME (13) — APPELLATE JURISDICTION — CONSENT OF PARTIES. After expiration of the time limited for an appeal, jurisdiction can not be conferred on the supreme court by consent or stipulation.

Appeal from a judgment of the superior court for Skagit county, Joiner, J., entered November 1, 1934, upon findings in favor of the plaintiff, in an action on account, tried to the court. Appeal dismissed.

James G. Smith, for appellant.

Henderson McBee, for respondent.

BLAKE, J.

Order denying motion for new trial in this case was signed and filed September 15, 1934. Judgment was signed September 24th, and filed November 1st. Notice of appeal was served and filed December 20th.

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[1] To confer jurisdiction on this court, notice of appeal must be given within thirty days from entry of judgment. Rem. Rev. Stat., § 308-10 [P.C. § 8676-13]; Davidson v. National Can Co., 150 Wn. 370, 273 P. 185; Nudd v. Fuller, 150 Wn. 389, 273 P. 200; Roethler v. St. Martins Mineral Springs Hotel Co., 154 Wn. 349, 282 P. 207.

[2] The parties have attempted to confer jurisdiction on this court by stipulation. This cannot be done.

“At the expiration of the time limited the cause of action transit in rem judicatam, and no consent of parties nor willingness of judges can recall a controversy thus wisely, by limitation of our law, passed into the realm of ended suits.”Stark v. Jenkins, 1 Wn. Terr. 421.

See, also, Cogswell v. Hogan, 1 Wn. 4, 23 P. 835 Sawtelle v. Weymouth, 14 Wn. 21, 43 P. 1101; Seattle Lake Shore E.R. Co. v. Simpson, 19 Wn. 628, 54 P. 29; Mottet v. Stafford, 94 Wn. 572, 162 P. 1001.

Appeal dismissed.

TOLMAN, HOLCOMB, BEALS, and MAIN, JJ., concur.

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