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· 9/28/1912

Cooper v. Hindley

Citations

  • 70 Wash. 331
  • 126 P. 916
  • 1912 Wash. LEXIS 1050

Syllabus

<p>Appeal — Supersedeas — When Granted — Bond Insufficient— Statutes. Rem. & Bal. Code, § 1722, authorizing a stay of proceedings on appeal, upon the giving of a bond conditioned to pay all damages suffered by the delay, has no application to an appeal from a judgment in mandamus directing city commissioners to call an election upon amendments to the city charter proposed by the electors, since there can be no damages to measure and no liability on the supersedeas bond. '</p> <p>Appeal — Supersedeas—Bv Supreme Court. The supreme court will not grant a supersedeas on appeal from a judgment in mandamus directing the submission of amendments to a city charter where it would unreasonably delay the taking of a popular vote; since it is a matter involving popular right in which the writ of audita querela would not issue.</p>

Judges: Chadwick

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