Empson v. Fortune

Citations

• 102 Wash. 16
• 172 P. 873
• 1918 Wash. LEXIS 912

Syllabus

<p>Appeal—Supersedeas Bond—Liability of Sureties. Under Rem.. Code, § 1722, requiring a supersedeas bond on appeal to be conditioned to satisfy and perform the judgment appealed from and any judgment or order which the supreme court may render or make or order to be rendered or made, the sureties on the appellant’s supersedeas bond are liable for a money judgment entered against appellant on the order of the supreme court, although the judgment was in form a reversal of a money judgment along with other relief, but which ultimately directed an entry of a like money judgment against the appellant.</p> <p>Same—Supersedeas Bond—Liability of Surety—Entry of Judgment on Appeal. Failure of the supreme court to enter or direct entry of judgment against appellant’s sureties upon a supersedeas bond, does not release the sureties and is not res judicata of their liability on the bond, where the judgment of the supreme court against the appellant was not merely an affirmance of a money judgment; in view of the fact that by Rem. Code, § 1739, the only authority for the supreme court to enter judgment against sureties on a supersedeas bond is where the judgment on appeal for the payment of money is affirmed.</p> <p>Same—Supersedeas Bond—Entry of Judgment—Powers of Superior Court. The superior court, not being authorized by any statute, has no power after appeal and remittitur to enter judgment against the sureties on appellant’s supersedeas bond, in connection with the judgment it is by the supreme court ordered to enter.</p> <p>Executors and Administrators—Claims—Presentation—Sufficiency. A- claim against the executors of a deceased surety upon a supersedeas bond is insufficient where it consisted merely of the presentation of an abstract of the judgment, and was not verified by oath, as required by Rem. Code, § 1473.</p> <p>Same—Claims—Presentation—Waiver. The due presentation of a claim against the estate of a deceased person cannot be waived by the executor or administrator.