Davis v. Virges

Citations

• 39 Wash. 256
• 81 P. 688
• 1905 Wash. LEXIS 853

Syllabus

<p>Appeal — Remittitur-—-Judgment Against Sureties — Power of Lower Court—Bonds. Upon the dismissal of an appeal in the supreme court without the entry of any judgment against the appellant and his sureties, the lower court, after remittitur, has no power to enter judgment against the sureties upon the statutory appeal and supersedeas bond given by the appellant, there being no statutory provision for such summary judgment.</p> <p>Same—Summary Judgment by Agreement—Surplusage in Bond. A gratuitous clause in a statutory bond whereby the sureties agree to the entry of summary judgment against them, in case the appellant fails to pay the judgment within thirty days after the filing of the remittitur, is without legal force, and confers no right to such a judgment, the sureties being entitled to their day in court.</p>