28 Wash. 472 | Wash. | 1902
— Respondent moves for leave to file a supplemental record in tbe above entitled cause, containing a copy of tbe supersedeas bond on appeal; tbat tbe judgment against the principal and sureties upon said bond for
This court has never entertained a motion to recall the remittitur for any other purpose than the correction of the judgment; that is, to make the judgment here conform to the decision actually rendered. But it is unnecessary at the present time to decide how far the jurisdiction of this court extends when the remittitur containing the actual decision has been filed in the superior court. Here it appears that the original judgment has been paid. The bond was not before the court, it is true, when the decision was rendered. It has been brought here, and therefrom it appears that it is conditioned to pay all rents or damages to the property, the subject of the^action, during the pendency of the appeal, and out of the possession of which respondent shall be kept by reason of the appeal, not exceeding the sum of $1,000. It is apparent on an examination of the statute (§ 6523, Bal. Code), that if the bond had been properly befoi*e the court, it could not have rendered any judgment against the sureties upon this stipulation. After providing for a judgment against the sureties when the judgment is for the payment of money, it is provided,
The motion is denied.