Winchester v. Morris
This text of 74 P. 361 (Winchester v. Morris) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The respondents move to dismiss the appeal in this case, for the reason that the appeal bond, which was intended to operate also as a supersedeas bond, is insufficient in the amount of the penalty named. The judgment from which the appeal is [707]*707taken is $293.87 and costs. The penalty named in the bond is $700. This, it will be seen, is not twice tbe amount of the judgment and tbe $200 which is required in an appeal bond. Under the rule announced in Town of Sumner v. Rogers, 21 Wash. 361, 58 Pac. 214, that a bond, on appeal, to act as both a cost bond and a supersedeas, must be in a penalty double the amount of the money judgment entered plus $200, which rule has since been uniformly sustained by this court, the motion must prevail, and the appeal be dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
74 P. 361, 33 Wash. 706, 1903 Wash. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winchester-v-morris-wash-1903.