Hinckley v. Casey

Citations

• 54 Wash. 34
• 102 P. 1051
• 1909 Wash. LEXIS 939

Syllabus

<p>Appeal — Supersedeas Bond — Conditions — Action eor Rents— Landlord and Tenant. Under Bal. Code, § 5546, authorizing a stay of proceedings on appeal in forcible entry and detainer by a supersedeas bond conditioned “to pay all rents and other damages justly accruing,” a supersedeas bond reciting that it is to secure such a stay and conditioned to pay all “damages and rents which the superior or supreme court shall adjudge reasonable for the possession of the property,” entitles the obligee, on affirmance of the appeal, to recover, in an action on the bond, reasonable rents during the pend-ency of the appeal, without alleging that the court had adjudged anything therefor; since under Bal. Code, § 6523, the rent could not be ascertained without an issue and trial (Rudkin, C. J., dissenting).</p>