Rogers v. Minneapolis Threshing Mach. Co.

• Citation: 95 P. 1014,48 Wash. 19
• Court: Washington Supreme Court
• Decision Date: 28 May 1908
• Parties: ROGERS v. MINNEAPOLIS THRESHING MACH. CO. RUSSELL & CO. v. SAME.

95 P. 1014

48 Wash. 19

ROGERS v. MINNEAPOLIS THRESHING MACH. CO.

RUSSELL & CO. v. SAME.

Supreme Court of Washington

May 28, 1908

Appeal from Superior Court, Douglas County; R. S. Steiner, Judge.

Actions by M. J. Rogers against Lewis Badger and others, and by Russell & Co. against the same defendants, in which the Minneapolis Threshing Machine Company, having been awarded a third mortgage lien on the property in controversy, appealed from 'the whole of the judgment,' and prayed for an order fixing the amount of a bond to supersede the judgment and the whole thereof. A bond was subsequently given pursuant to such order conditioned as an appeal and supersedeas bond for the satisfaction and performance of the judgment appealed from in case it should be affirmed. The judgment having been affirmed, judgment was rendered on apppeal against appellant and its sureties on the bond for the whole amount of the judgment. On motion to modify. Denied.

J. D Campbell and J. B. Campbell, for appellant.

Danson & Williams, for respondents.

HADLEY, C.J.

The original opinion in this cause will be found reported in 92 P. 774. By reference thereto it will be seen that the action was brought to foreclose mortgages; there being three mortgages held respectively by three parties covering the same land, all involved in the issues. It was found by the trial court that all the mortgages were entitled to foreclosure. Personal judgment was entered against the mortgagors for the respective amounts and in favor of the respective mortgagees, and foreclosure was awarded as to all. But it was decreed that the mortgage of M. J. Rogers is a first lien, that of Russell & Co. a second lien, that of Minneapolis Threshing Machine Company a third lien, upon the property, and that said liens should be satisfied from the sale of the property in the order above named. The Minneapolis Threshing Machine Company appealed. The notice of appeal described the appeal as being from 'that certain final judgment rendered and entered in this cause on the 1st day of April, 1907, and from the conclusions of law made and rendered herein by the superior court of Douglas county, Wash.' Application was also made to the court, asking that the amount of a supersedeas bond on appeal should be fixed. The application described the appeal as being from 'the whole of the judgment,' and the court entered an order fixing the amount of the bond required 'to supersede said judgment and the whole thereof' at $6,300. A bond was given by the appellant in the full sum of $6,500, conditioned as an appeal and supersedeas bond, with the United States Fidelity & Guaranty Company as surety. The judgment of the trial court was affirmed by this court, and judgment was entered here against the appellant and the surety and in favor of the two respondents for the respective sums rendered in their favor against the mortgagors below. The appellant...