Legal Opinion

Douglas v. Badger State Mine

Washington Supreme Court

Decided December 28, 1905No. 5694PublishedCited by 9 opinions

Appeal from an order of* the superior court for Chelan county, Steiner, J., entered March 3, 1905, in favor of the plaintiff, after a hearing on the merits, denying defendant’s petition, for the vacation of a default judgment.

1Opinion of the CourtRoot, J.

At the threshold of this case we are confronted with a motion to dismiss the appeal, for the reason that the undertaking is conditioned as both an appeal and supersedeas bond, while in the sum of only $200. The appeal sought to be taken was from a judgment and decree foreclosing a laborer’s lien in the sum of $1,475, with $300 attorney fees and costs, upon certain mining claims of appellant. The trial court was not asked to> and did not, fix the amount of any supersedeas. Appellant maintains that the bond was not intended as a stay bond, but that a printed form was used containing the…

2Cases cited4 opinions

  1. Pierce v. WillebyWashington Supreme Court · 1898
  2. Bloomingdale v. WeilWashington Supreme Court · 1902
  3. Westland Publishing Co. v. RoyalWashington Supreme Court · 1904
  4. O'Toole v. Phoenix InsuranceWashington Supreme Court · 1905

3Cited by9 opinions

  1. Olentine v. AlbertySupreme Court of Oklahoma · 1921
  2. Douglas v. La Rica ConsolidatedWashington Supreme Court · 1905
  3. Burlington Ditch, Reservoir & Land Co. v. Fort Morgan Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
  4. Norman v. Iowa Central Railway Co.Supreme Court of Iowa · 1910
  5. Edminston v. SteeleIdaho Supreme Court · 1906

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