Watson v. Noonday Min. Co.
| Decision Date | 31 July 1899 |
| Parties | WATSON v. NOONDAY MIN. CO. |
| Court | Oregon Supreme Court |
Appeal from circuit court, Douglas county; J.C. Fullerton, Judge.
Action by J. Frank Watson against the Noonday Mining Company. From a judgment in favor of plaintiff, defendant appealed. This is a motion by appellant to withdraw an appeal bond. Motion denied.
O.P. Coshow, for appellant.
J.W. Whalley, A.M. Crawford, and W.R. Willis, for respondent.
This is a motion for leave to withdraw from the files of this court an undertaking on appeal, and for an order releasing the sureties thereon. When the appeal was taken, an undertaking was filed for all damages, costs, and disbursements which might be awarded on the appeal, and, as the appellant supposed and was advised, for a stay of proceedings also. Thereafter the respondent caused an execution to be issued, and upon a hearing relating thereto before the circuit judge it was decided that the undertaking was not sufficient to stay proceedings, and thereupon the appellant caused to be filed an amended undertaking on appeal, and for a stay of proceedings also, and now desires to withdraw the one first filed. But we do not think the motion therefor should be allowed. These undertakings are voluntary obligations, and are a part of the record in the case, and we ought not to determine, or seem to determine, the rights of the sureties on the respective undertakings as among themselves, or their liability to the respondent, upon a motion of this character. The motion is therefore denied.
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