Meeker v. Gardella
Washington Supreme Court
Appeal .from District Gourt, Pierce Gounty. The facts are sufficiently stated in the opinion. Under Code Wasb. T., §§ 468, 762, the facts stated in the complaint did not constitute a good cause of action. For the time covered by any stay bond plaintiffs were by statute limited to their remedy upon that bond. The penalty, terms and conditions of that bond are essential facts to constitute a cause of action for withholding possession during the appeal for which it was given.
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Appeal .from District Gourt, Pierce Gounty. The facts are sufficiently stated in the opinion. Under Code Wasb. T., §§ 468, 762, the facts stated in the complaint did not constitute a good cause of action. For the time covered by any stay bond plaintiffs were by statute limited to their remedy upon that bond. The penalty, terms and conditions of that bond are essential facts to constitute a cause of action for withholding possession during the appeal for which it was given. Express statute makes it the course of the court for the sheriff to select the talesmen. Code Wash. T. § 206. Evidence of…
1Opinion of the Court
The opinion of the court was delivered by
Anders, C. J.
On the 24th day of March, 1885, a judgment wras rendered in the district court of the Second judicial district of Washington Territory, holding terms at Tacoma, against appellant, who was defendant, and in favor of appellees, who -were plaintiffs, for the recovery of the possession of certain lands in Pierce county, described in the complaint in this action. Appellant, however, did not relinquish the premises to appellees, but appealed the cause *143to the supreme court of the territory, which court, on the 4th clay of February, 1886, affirmed…
2Cases cited13 opinions
- Beaver v. TaylorSupreme Court of the United States · 1876
- Page v. FowlerCalifornia Supreme Court · 1870
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- State v. ElliottSupreme Court of Iowa · 1877
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
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3Cited by49 opinions
- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
- Craig v. SebrellSupreme Court of Virginia · 1852
- McDonough v. Great Northern Railway Co.Washington Supreme Court · 1896
- Steenrod's Adm'r v. W. P. & B. R. R.West Virginia Supreme Court · 1885
- Scott v. LudingtonWest Virginia Supreme Court · 1878
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