Olson v. Seldovia Salmon Co.

Citations

• 89 Wash. 547
• 154 P. 1107
• 1916 Wash. LEXIS 839

Syllabus

<p>Abatement and Revival — Principal and Surety — Supersedeas Bond — Death op Surety. The liability of a surety upon a supersedeas bond is continued after bis death, by Rem. & Bal. Code, §§ 193, 236, 967, providing that in certain cases where actions shall be prosecuted against the party if living, the same may be prosecuted against his representatives, which statute abrogates the common law rule that the death of a surety jointly liable with the principal ends the obligation as to both past and future defaults.</p> <p>Principal and Surety — Discharqe op Surety — Death—Appeal— Supersedeas Bond. The death of a surety upon a supersedeas bond does not revoke the contract of suretyship as to costs subsequently arising; since the obligation was one that the surety could not withdraw from upon notice.</p> <p>Same — Remedies op Creditor — Death op Surety — Exhaustion op Principal Liability — Appeal—Supersedeas Bond. Since a surety upon a supersedeas bond is liable upon the bond in the first instance as a principal obligor, the representatives of a deceased surety cannot demand that the obligee first exhaust his remedies against the principal debtor and a living co-surety.</p> <p>Appeal and Error — Supersedeas Bond — Summary Judgment— Death op Surety. The death of a surety upon a supersedeas bond, upon which the surety was liable as a principal debtor, does not affect the right of the obligee to the summary judgment authorized by Rem. & Bal. Code, § 1739, upon affirmance, against both the appellant and his sureties or representatives, for the amount of the judgment.</p> <p>Election op Remedies — Supersedeas Bond — -Abatement and Revival — Another Action Pending. The presentation of a contingent claim, pending appeal, against the estate of a surety upon a supersedeas bond on appeal and the commencement of an action thereon, does not constitute an election of remedies which would prevent entry of summary judgment on the bond by the supreme court on affirmance of the judgment;