Ahrens v. City of Seattle

Citations

• 39 Wash. 168
• 81 P. 558
• 1905 Wash. LEXIS 836

Syllabus

<p>Appeal—Bond—Conditions. A bond on appeal conditioned -for tbe payment of all costs and damages adjudged on tbe appeal and for tbe performance of any judgment, covers costs on tbe dismissal of tbe appeal, and is sufficient altbougb not in tbe exact language of the statute.</p> <p>Same — Bond as Supebsedeas — Amount-—-Appeal Fbom Assessment. Upon an appeal from a judgment confirming a municipal assessment and for $18.90 costs, in which tbe court fixed no amount for a supersedeas bond, a bond on appeal in tbe sum of $300, sufficient in form as an appeal bond, will give tbe supreme court jurisdiction of tbe appeal, where it is not conditioned to effect a stay, altbougb it contains some of tbe recitals of an ordinary supersedeas bond, since it is a mere nullity in respect to tbe stay.</p> <p>Municipal Corporations—Assessments—Appeal From Confirmation—Trial in Superior Court—New Evidenge. Upon appeal from a municipal assessment tbe appellant is entitled to a trial on new evidence submitted by bim, and is not confined to tbe record certified from tbe city council.</p> <p>Appeal — Decision-—-Review oe Special Assessment — Remand. Upon reversing an order of tbe superior court, confirming a municipal assessment, for error in excluding all evidence offered, tbe supreme court is not confined to a correction of the assessment roll, but will remand tbe case to tbe superior court for a full trial on tbe evidence.</p>