Murray v. Moynahan

Citations

• 27 Wash. 379
• 67 P. 810
• 1902 Wash. LEXIS 404

Syllabus

<p>APPEAL BOND-SUFFICIENCY-SURETY-QUALIFICATIONS.</p> <p>Under Bal. Code, § 6509, which provides that an appeal bond must be accompanied by the affidavit of the surety or sureties, in which each surety shall state that he is a resident of this state and is worth a certain sum mentioned in the affidavit, over and above all debts and liabilities, in property within this state, exclusive of property exempt from execution, and which sums so sworn to by the surety or sureties shall be at least equal to the penalty named in the bond if there be but one surety, or shall amount in all to at least twice such penalty if there be more than one surety, a bond will be deemed sufficient by the supreme court when it has but one surety, who justifies in the exact amount of the bond instead of double the amount thereof, and whose affidavit of justification, although he is a married man, does not state he is worth the sum mentioned in separate property, but merely follows the language of the justification prescribed by the statute.</p> <p>SAME-ATTORNEYS AS SURETY.</p> <p>The fact that the surety upon an appeal bond is an attorney at law would not disqualify him, in the absence of a statute prohibiting attorneys from acting in that capacity.</p> <p>SAME-ACKNOWLEDGMENT-AFFIDAVIT OF JUSTIFICATION.</p> <p>The fact that the acknowledgment and affidavit of justification upon an appeal bond are combined instead of being separately stated is not ground of objection, where the affidavit follows the demands of the statute.</p>