King v. Branscheid

Citations

• 32 Wash. 634
• 73 P. 668
• 1903 Wash. LEXIS 467

Syllabus

<p>APPEAL • — • SUCCESSIVE APPEALS.</p> <p>A second appeal may be taken by an appellant, without the necessity of having his original appeal dismissed.</p> <p>SAME-SUFFICIENCY OF APPEAL BOND.</p> <p>The requirement of Bal. Code, § 6506, to the effect, that the appeal bond shall be conditioned that the appellant will pay all costs and damages that may be awarded against him on the appeal or on the dismissal thereof, is sufficiently complied with where the appeal bond is conditioned that plaintiff will satisfy the judgment in case of affirmance, and any order which the supreme court may make, or order to be rendered by the superior court.</p> <p>SAME.</p> <p>Such a bond, though conditioned principally as a stay bond, is effectual as an appeal bond also, where it is in a penalty double the amount of the judgment and $200 additional.</p> <p>LIS PENDENS — SUIT TO BEMOVE CLOUD.</p> <p>Under Bal. Code, § 5521, which provides that any person in possession of real property may maintain a civil action against any person claiming an interest in said property, or any right thereto adverse to him, for the purpose of determining such claim, a suit to remove the cloud caused by the filing of a Us pendens notice in an action between other parties may be maintained by the owner, without awaiting the result of the action to which he is a stranger.</p> <p>SAME-CANCELLATION OF BECOBD.</p> <p>Bal. Code, § 4887, which provides that in actions affecting title to real estate, where a Us pendens is filed, the court may, at any time after the action is settled, discontinued, or abated, order the notice canceled of record, on application of any person aggrieved, is cumulative of the remedy provided by Id., § 5521, in so far as it is applicable to persons not parties to the action in which the notice was filed.</p>