# Mogelberg v. Calhoun

> Washington Supreme Court · February 16, 1917 · 94 Wash. 662

URL: https://www.frixlaw.com/law-library/cases/4735537

## Case

- **Full name:** G. W. Mogelberg v. C. E. Calhoun, Charles Gassar, and
- **Court:** Washington Supreme Court
- **Decided:** February 16, 1917
- **Citations:** 94 Wash. 662; 163 P. 29; 1917 Wash. LEXIS 759
- **Precedential status:** Published
- **Opinion:** Concurrence by Fullerton
- **Judges:** Fullerton, Parker
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4735537

## Opinion text

Fullerton, J.
(concurring) — I am unable to concur in the foregoing opinion in so far as it orders a dismissal of the appeal as to defendant Gassar. The appellants served upon Gassar and filed, in due time, a notice of appeal, and entered into a bond which they thought perfected their appeal to this court. In answer to the motion to dismiss, they have asked to be permitted to perfect the bond upon such terms as the court may impose, if the bond is deemed insufficient. The request the majority denies, because it considers the bond given in effect no bond since defendant Gassar is not named therein, and this although it is conceded apparently that the appellants would be allowed to perfect the bond had Gassar been so named, however defective the bond might otherwise be. In my opinion, the rule applied is not only harsh and technical, but contrary to both the letter and the spirit of the section of the statute of 1915 quoted in the opinion (Rem. Code, § 1730-9).
On the merits of the controversy, I concur with the maj ority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4735537. Public record. Not legal advice.