Willson v. Willson

Citations

• 86 Wash. 50
• 149 P. 328
• 1915 Wash. LEXIS 878

Syllabus

<p>Appeal — Decision—Judgment Against Sureties — Bond — Supersedeas. Upon affirmance of a decree of divorce, with modifications as to the division of the property of the parties, requiring a money-judgment against the defendant for attorney’s fees and in lieu of specific property, judgment on the remittitur should be entered against the appellant and his sureties on the appeal and supersedeas bond, where the bond was in the statutory form under Rem. & Bal. Code, § 1722, conditioned to satisfy and perform the judgment or decree appealed from in case it should be affirmed, or any judgment the supreme court may render or order; in view of Id., § 1739, requiring judgments against the sureties for the amount recoverable according to the condition of the bond.</p> <p>Same — Judgment—Correction oe Remittitur. Upon application and with due diligence (five days after filing the remittitur) the supreme court will recall the remittitur to correct an inadvertent omission in failing to direct entry of judgment against the sureties on an appeal and supersedeas bond, upon affirmance of the decree.</p>