Chapter 4.88
APPEALS

4.88.010 When allowed.  [1901 c 31 § 1; 1893 c 61 § 1; RRS § 1716.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 14, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.020 Designation of parties.  [1893 c 61 § 2; RRS § 1717.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 18, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.030 Manner of taking -- Notice of appeal.  [1893 c 61 § 4; RRS § 1719.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rules 33(4), 33(1), 32, 33(3), 15, 22, 14, 16, 17, 2, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.040 Who may join in notice.  [1893 c 61 § 5; RRS § 1720.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 33, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.050 Appeal bond.  [1893 c 61 § 6; RRS § 1721.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 22, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.060 Requirements of bond -- Supersedeas.  [1893 c 61 § 7; RRS § 1722.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 25, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.070 Justification of sureties.  [1927 c 153 § 1; 1893 c 61 § 10; RRS § 1725.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 26, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.080 Exception to sureties -- Determination.  [1927 c 153 § 2; 1893 c 61 § 11; RRS § 1726.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 27, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.090 Execution countermanded by stay bond.  [1893 c 61 § 12; RRS § 1727.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 30, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.100 Application for additional security.  [1893 c 61 § 13; RRS § 1728.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 29, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.110 Replacement of defective bond.  [1915 c 104 § 9; RRS § 1730-9.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 28, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.120 Order of serving and filing immaterial.  [1915 c 104 § 7; RRS § 1730-7.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 4, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.130 Effect of chapter.  [1915 c 104 § 2; 1913 c 116 § 2; RRS § 1730-2.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rules 1, 34-40, 46, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.140 Jurisdiction, effect of appeal upon.  [1893 c 61 § 16; RRS § 1731.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 15, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.150 Motion to dismiss.  [1893 c 61 § 18; RRS § 1733.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 51, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.160 Hearing and disposition of motion.  [1899 c 49 § 1; 1893 c 61 § 19; RRS § 1734.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 52, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.170 Second appeal.  [1893 c 61 § 20; RRS § 1735.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 20, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.180 What may be reviewed.  [1893 c 61 § 21; RRS § 1736.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rules 17, 43; Pleading -- rule 11, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.190 Power of supreme court upon appeal.  [1893 c 61 § 22; RRS § 1737.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 16, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.200 Award of damages -- Increased damages when appeal taken for delay.  [1893 c 61 § 23; RRS § 1738.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 62, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.210 Judgment against appellant and sureties.  [1893 c 61 § 24; RRS § 1739.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 31, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.220 Rehearing -- Remittitur.  [1893 c 61 § 25; RRS § 1740.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rules 2, 50; Business of supreme court -- rule 15, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.230 Effect of judgment.  [1893 c 61 § 26; RRS § 1741.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 60, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.240 Effect of reversal -- Writ of restitution.  [1893 c 61 § 27; RRS § 1742.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 61, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.250 Death of party does not affect appeal.  [1893 c 61 § 28; RRS § 1743.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 21, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.260 Costs on appeal.  [1981 c 331 § 4; 1971 ex.s. c 107 § 3; 1941 c 86 § 1; 1893 c 61 § 29; Rem. Supp. 1941 § 1744.]  Repealed by 1988 c 202 § 96.

4.88.270 Transcript of judgment -- Effect.  [1893 c 61 § 35; RRS § 1751.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 59, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.280 Appeal to be heard on merits.  [1893 c 61 § 36; RRS § 1752.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 63, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.290 Rules and regulations.  [1893 c 61 § 37; RRS § 1753.]  Repealed by 1955 c 37 § 1.

4.88.300 Method exclusive.  [1893 c 61 § 38; RRS § 1754.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 1, therein cited. Statute subsequently repealed by 1957 c 7 § 10.

4.88.310 Temporary injunction to remain in force, when.  [1893 c 61 § 8; RRS § 1723.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 24, therein cited; see also Appeal -- rules 14(3), 25. Statute subsequently repealed by 1957 c 7 § 10.

4.88.320 Injunction where appeal is to United States supreme court.  [1893 c 61 § 9; RRS § 1724.]  Superseded and abrogated by Rules of court: Appeal -- rule 65 (effective January 3, 1956), and Appeal -- rule 64, therein cited. Statute subsequently repealed by 1957 c 7 § 10.