Opinion

Coppo v. Van Wieringen

  • 36 Wash. 2d 120
  • 217 P.2d 294
  • 1950 Wash. LEXIS 278
Court
Washington Supreme Court
Filed
Apr 6, 1950
Status
Published
Author
Simpson
On the bench
Hill, Simpson
Cited by
23 cases

The opinion

Simpson, C. J.

(dissenting)—I cannot agree with the conclusion reached by the majority.

Art. IV, § 4, of our state constitution confers upon this court appellate jurisdiction. We should not surrender our right nor refuse to perform our duty in cases such as the one before us. We should, in all cases in which the trial court grants a new trial, review the case and ascertain whether the trial court abused its discretion. By the opinion we have declared that, in the instances mentioned in (A), (B), (C) and (D) of the “addendum,” the parties against whom the order is made do not have recourse to this court.

Hereafter, in cases such as we have before us and those mentioned in the “addendum,” the attorneys who represent individuals who are in the position of these appellants must *143 say to their clients, “In so far as the order in this case is concerned, there is no supreme court—the orders of the trial court are as the laws of the Medes and Persians.”

May 12, 1950. Petition for rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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