Langley v. Devlin

This action was brought by nonresident plaintiffs seeking, among other things, to enjoin the sale of certain stocks. They were compelled to furnish a bond for costs, upon demand of the defendants, as required by Rem. 1915 Code, § 495. The trial court entered a decree vacating the injunction. No judgment was entered against the surety upon the costs bond. Plaintiffs appealed. The notice of appeal was served upon the defendants, but not upon the surety in the plaintiffs’ costs bond. Defendants, respondents here, seeking to invoke the rule announced in Shippen v. Shippen, 91 Wash. 610, 158 Pac.…