Quandt v. Smith

The opinion of the court was delivered by

Hadley, J.

The Fidelity & Deposit Company, surety upon, the supersedeas bond of the appellant, moves for an order that the remittitur affirming the judgment in this cause be sent down without any judgment against the appellant or his surety, except for costs on appeal, and *312that respondents be restricted to their remedy by an action upon the appeal bond for all other relief. The opinion in this cause affirming the judgment below was. filed in this court June 24, 1902. 28 Wash. 664 (69 Pac. 369). The motion now addressed to' the court is based upon the…