Brady v. Onffroy

Citations

• 37 Wash. 482
• 79 P. 1004
• 1905 Wash. LEXIS 758

Syllabus

<p>Appeal — Oral Notice — Sufficiency—Surety on Bond Given to Discharge Attachment. Oral notice of appeal in open court from an order modifying a judgment is sufficient as to a surety on a bond given by the defendant to discharge an attachment, since the surety appears and is before the court, under Bal. Code, §§ 5374, 5375.</p> <p>Appeal — Appealable Orders — Affecting Substantial Rights After Judgment. An order striking from a judgment so much thereof as awards judgment against a surety on a bond given hy defendant to discharge an attachment, is appealable as a final order made after judgment which affected a substantial right.</p> <p>Attachment — Discharge—Res Adjudicata — Rejection of Security — Subsequent Motion on Ground of Irregularity. An order, made on an order to show cause, refusing to vacate an attachment upon the defendant’s offer to deposit in court certain stock as security, is not res adjudicata or the law of the case upon a subsequent application to discharge the attachment on the ground that the defendant was a resident of this state, nonresidence being the ground upon which the attachment was issued.</p> <p>Appeal — Dismissal—Effect of Affirmance — Discharge op Attachment. The dismissal of an appeal from an order discharging an attachment has the effect of an affirmance of the order, hut gives the order no more vitality than it already had.</p> <p>Attachment — Discharge by Bond — Subsequent Order Purporting to Dischaege Writ for Irregularity. An attachment is discharged by the giving of a bond under Bal. Code, §§ 5374, 5375, and thereafter an order purporting to discharge the attachment has nothing upon which it can act and is a nullity for want of subject-matter.</p> <p>Same — Release of Surety Following as Consequence of Void Order — Res Adjudicata — Dismissal of Appeal. Where an attachment has been discharged by the giving of a bond under Bal. Code, §§ 5374, 5375, and subsequently an order is entered purporting to discharge the attachment for i