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· 11/28/1910

Wenatchee Orchard & Irrigation Co. v. Thompson

Citations

  • 60 Wash. 643
  • 111 P. 874
  • 1910 Wash. LEXIS 1114

Syllabus

<p>Appeal — Bond—Stjppiciency—Dismissal. An appeal will be dismissed where no name appears as a surety on the face of the appeal bond nor among the signatures and the justification affidavit on the back does not purport to be made by a surety.</p> <p>Same — Objections to Bond — Waives. Where the bond on appeal is not executed by any surety, failure to except to the same below does not preclude the respondent from moving to dismiss the appeal for want of any bond on appeal.</p> <p>Bonds — Sufficiency—Statutes—Want of Surety. Rem. & Bal. Code, § 777, providing that no bond shall be void for want of form or substance, etc., has no application where the bond has no surety upon it at all.</p>

Judges: Parker

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