Davis v. Huth
Washington Supreme Court
Appeal — Liabilities on Bond — Dismissal — Jubisdiction. No action can be maintained upon an appeal and supersedeas bond ■where the appeal was dismissed on motion of the respondent for want of jurisdiction in the supreme court to hear the appeal, as there is then no consideration for the bond; and it is immaterial that the bond was treated as a supersedeas of the judgment until the dismissal, as the bond was ineffectual for that purpose.
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Appeal — Liabilities on Bond — Dismissal — Jubisdiction. No action can be maintained upon an appeal and supersedeas bond ■where the appeal was dismissed on motion of the respondent for want of jurisdiction in the supreme court to hear the appeal, as there is then no consideration for the bond; and it is immaterial that the bond was treated as a supersedeas of the judgment until the dismissal, as the bond was ineffectual for that purpose. Appeal from a judgment of the superior court for Pierce county, Huston, J., entered October 30, 1905, in favor of the defendants, upon sustaining a demurrer…
1Opinion of the CourtMount, C. J.
This action was brought to recover upon a supersedeas bond. The sureties upon the bond filed a demurrer to the complaint. The lower court sustained the demurrer and dismissed the action. Plaintiffs appeal.
The complaint shows the following facts: On March 9, 1903, the plaintiffs recovered a judgment in an action for a tort against G. M. Shreeder, M. C. Green and the Tacoma Railway & Power Company, codefendants, for $750 and costs. The said Shreeder and Green attempted to appeal from said judgment to this court, and served a notice thereof upon the plaintiff, but failed and neglected to serve…
2Cases cited5 opinions
- Davis v. Tacoma Railway & Power Co.Washington Supreme Court · 1904
- Davis v. VirgesWashington Supreme Court · 1905
- Grunewald v. West Coast Grocery Co.Washington Supreme Court · 1895
- Henry v. Great Northern Railway Co.Washington Supreme Court · 1897
- Bash v. EisenbeisWashington Supreme Court · 1897
3Cited by7 opinions
- Haffner v. Commerce Trust Co.Supreme Court of Oklahoma · 1938
- Johnston v. Seattle Taxicab & Transfer Co.Washington Supreme Court · 1916
- Huston v. Big Bend Land Co.Court of Appeals for the Ninth Circuit · 1924
- Jones v. CostaDistrict of Columbia Court of Appeals · 1953
- Maher v. MorrisonSupreme Court of Iowa · 1917
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