Fisher v. Seattle Trust Co.

Citations

• 109 Wash. 257
• 186 P. 649
• 1920 Wash. LEXIS 883

Syllabus

<p>Appeal (232)—Stay—Right to and Necessity of Supersedeas. A judgment directing the payment of a fund in court which might be enforced by execution can be stayed only by the taking of an appeal and the giving of a supersedeas bond, in the absence of which it is entitled to the same respect as if all right of appeal had expired or been abandoned.</p> <p>Trusts—Execution of Trust—Payment of Judgment. A trustee distributing a fund under a decree of court is indemnified by the order and needs no release.</p> <p>Appeal (232, 244)—Supersedeas—Restitution. Pending an appeal taken after payment of a judgment distributing a fund in court to solvent parties, the supreme court will not require the trustee to make restitution to an appellant who was amply protected by Rem. Code, § 1742, authorizing restitution after final decision on the appeal.</p>