Titlow v. Cascade Oatmeal Co.

Citations

• 16 Wash. 676
• 48 P. 406
• 1897 Wash. LEXIS 376

Syllabus

<p>APPEAL—POWER OP SUPREME COURT TO RECALL REMITTITUR—COR-RECTING JUDGMENT — LIABILITY ON APPEAL BOND.</p> <p>The supreme court has power to recall a remittitur, after its filing in the superior court, for the purpose of enforcing the judgment in accordance with the decision of the court.</p> <p>A motion to correct the judgment of the supreme court may properly be made without first recalling the remittitur transmitting-the judgment to the lower court, such motion being equivalent to a. recall of the remittitur.</p> <p>An appeal from a portion only of a judgment by a party against, whom no money judgment was rendered will not subject the appellant and the sureties on his appeal bond to liability, on affirmance of judgment, to pay the whole of the judgment, since Laws 1893, p. 131, § 23, providing that on affirmance of judgment the supreme court shall render judgment against the appellant and his sureties-for the amount of the judgment appealed from, must be construed as applying to an affirmance of that part of the judgment only from which appeal is taken.</p>