State ex rel. Illinois Surety Co. v. Superior Court for Jefferson County

Citations

• 82 Wash. 361
• 144 P. 292
• 1914 Wash. LEXIS 1524

Syllabus

<p>Costs — Security — Liability on Nonresident Cost Bond ■— Reversal of Judgment. The surety on a nonresident’s cost bond in the court below is not discharged from liability on the bond by an erroneous judgment for its principal, the plaintiff, where such judgment was reversed on appeal and the action dismissed with costs to the defendant; as a reversed judgment is no judgment; in view of Rem. & Bal. Code, § 495, providing that the bond shall be conditioned to pay all such costs and charges as may bé awarded to the plaintiff by the judgment, or in the progress of the action.</p> <p>Same — Liability on Nonresident Cost Bond — Cost on Appeal. Liability on a nonresident plaintiff’s bond for costs, awarded against plaintiff “by the judgment or in the progress” of the action, under Rem. & Bal. Code, § 495, is limited to costs in the lower court, notwithstanding the judgment was reversed on appeal by defendants, with costs on appeal; in,view of the fact that the bond is provided as a condition precedent to action, and then only on demand, and in view of Id., §§ 1721, 1722, providing that the appellant furnish another distinct appeal bond conditioned to pay costs and damages awarded on the appeal.</p>