Carstens v. Gustin

Citations

• 18 Wash. 90
• 50 P. 933
• 1897 Wash. LEXIS 113

Syllabus

<p>APPEAL—JOINDER OF PARTIES — SURETIES UPON BOND IN ACTION OF CLAIM AND DELIVERY.</p> <p>Where third parties have obtained possession of personal property levied on by the sheriff by giving a forthcoming bond therefor, and, in an action to try the right of title to the property, judgment has gone against such claimants and their sureties upon the bond, on appeal from such judgment the sureties should either be made parties appellant or notice of appeal served upon them, under the provisions of the statute (Laws 1893, p. 120, §4, Bal. Code, §6503), that notice of appeal shall be served upon all parties to an action who do not join in the appeal.</p> <p>The fact that the sureties are named in the body of the notice of appeal as appealing from the judgment is not a sufficient compliance with the requirements of the statute, when the notice is not signed by the sureties nor by their attorney.</p> <p>In such, an action of claim and delivery, while the sureties are necessarily parties to the action, they are not plaintiffs, as their principals are, and a notice given by the attorneys of plaintiffs is not binding on the sureties.</p>