McFeron v. Fidelity & Deposit Co. of Maryland

Citations

• 85 Wash. 303
• 148 P. 14
• 1915 Wash. LEXIS 1277

Syllabus

<p>Appeal — Supersedeas Bond — Liability—Condition oe Bond. Under our statute permitting joint appeals, and prescribing but one form of supersedeas bond whether the appeals be joint or several, and providing that the supreme court on appeal may affirm, reverse or modify the judgment appealed from as to any or all of the parties, a surety on an appeal and supersedeas bond, is not released from liability to perform the judgment by a reversal of the judgment as to one of the appellants, where the bond was conditioned to bind the surety as to any judgment rendered against the appellants.</p> <p>Appeal — Supersedeas Bond — Liability—Judgment — Finality— Alternative Conditions — Reasonable Time eor Election. In an action for rescission of a trade, a judgment setting aside a conveyance as fraudulent, and providing a condition by which the defendants could place themselves in statu quo, and as an alternative directing that judgment should go against them in a fixed sum and that execution could issue therefor, is not a conditional judgment, but is final, so as to fix the liability of sureties on a supersedeas bond, although no time was fixed for the exercise of defendants’ option; since a reasonable time was implied.</p> <p>Same — Finality—Alternative Conditions — Appeal — Liability oe Surety. In such a case, refusal of the supreme court, on affirming the judgment, to direct judgment against the sureties on the supersedeas bond, does not affect the finality of the judgment, or prevent the liability of the surety from attaching, after the expiration of a reasonable time for defendants to comply with the conditions tendered in the judgment.</p>