Huston v. Big Bend Land Co.

HUNT, Circuit Judge.

This is an action by Huston and wife to recover from the Big Bend Land Company and the sureties upon a bond for damages alleged to have been consequent upon the issuance and execution of a writ of restitution in an unlawful detainer ease instituted in a state court in Washington by the Big Bend Land Company, a corporation, against the Hustons.

The writ of restitution was issued under section 819 of Remington’s Compiled Statutes of Washington, which provides that plaintiff, at the time of commencing an action of unlawful detainer, may apply to the judge of the court for a…