71 Wash. 495 | Wash. | 1913
Relatrix has sued out a writ of certiorari, to review the order of the court below in fixing the amount of a supersedeas bond, on appeal from an order adjudging relatrix to be in contempt of court, for disobedience of an order commanding her to deposit a certain certificate of stock with the clerk of the lower court, and ordering her commitment until the order of delivery is complied with
The pertinent facts are these: In an action to determine the title and right of possession of 200,000 shares of stock of the Lost River Tin Mining Company, the lower court determined the title.and right of possession as against the relatrix, and as a part of its judgment ordered relatrix to forthwith surrender the certificate representing the stock and
These powers confer ample authority upon the court to enforce its judgment in such a case as the one before us by execution against the person, and to order commitment, until the defendant shall have fully performed that which the order of the court has directed to be done. Nothing else has been done in this case. When, therefore, relatrix appealed from the order of commitment she did something more than merely delay her submission to arrest in case of an affirmance here; she in effect superseded the judgment, by tying the hands of the lower court and effectually preventing it from enforcing its judgment by execution. Relatrix failed to give the supersedeas bond on the appeal from the original judgment. That bond was fixed, as is customary, at double the value of the property involved, or $140,000. The superse
The order is affirmed.
Mount, C. J., Parker, Crow, Ellis, Gose, and Main, JJ., concur.