Lowman v. West

Citations

• 18 Wash. 233
• 51 P. 373
• 1897 Wash. LEXIS 143

Syllabus

<p>UNLAWFUL DETAINER—LIABILITY ON BOND STAYING RESTITUTION — RELEASE OF SURETIES BY AMENDMENT OF PLEADING — BY GIVING SUPERSEDEAS BOND—BY GIVING ADDITIONAL SECURITY.</p> <p>The bond given by defendants in an action of unlawful detainer, for the purpose of staying the execution of a provisional writ of restitution against them, is not superseded and rendered nugatory by a subsequent supersedeas bond given by defendants on appeal from a- judgment against them.</p> <p>An amendment of the complaint in an action of unlawful detainer, subsequent to the giving of a bond to stay restitution pending the action, will not release the sureties upon the bond, when the amendment in nowise prejudices the sureties, and is made for the purpose of correcting an imperfection in the pleading, without changing the cause of action or introducing a new one.</p> <p>The giving by defendants in an action of unlawful detainer of a second bond to stay restitution will not operate as a release of the sureties upon a prior bond, when such second bond is given for the purpose of additional security, and is ordered under the statutory provision permitting the court to increase the security required of defendants who remain in possession pending the action.</p>