
    [No. 243.
    Decided September 21, 1891.]
    W. W. Tinkham et al. v. D. E. Kimble et al.
    
    APPEAL — DISMISSAL — JUDGMENT.
    Upon affirming judgment of the court below against appellant for failure to prosecute his appeal after notice thereof duly served, and the filing of a supersedeas bond, this court will render judgment, unless sufficient excuse is shown for such failure against appellant and sureties on said bond for the amount of judgment and costs in the court below, and for costs in this court.
    
      Appeal from Superior Court, Skagit Cownty.
    
    
      E. C. Million, for appellees.
   The opinion of the court was delivered by

Anders, C. J.

— On July 28, 1890, the complaint of appellants, who were plaintiffs in the court below, was dismissed, and a judgment for seventy-five dollars and costs rendered in favor of appellees, D. E. Kimble and Minerva Kimble; and on January 26, 1891, notice of appeal, with acceptance of service thereon, was duly filed by appellants. Appellee, D. E. Kimble, having filed in this court a certified copy of the judgment appealed from, together with the notice of appeal served, and a copy of the supersedeas bond, moves the court to dismiss the appeal and to affirm the judgment with damages, and for judgment against the sureties on the bond above mentioned, for the reason that appellants have failed and neglected to file a brief or transcript as required by law and the rules of this court.

Upon the hearing of the motion, of which due notice was given, appellants failed to appear and show cause why the motion should not be granted, or to give any reason or ex-, cuse for their non-compliance with the provisions of the statute and of rule 6 of this court.

The judgment of the court below must, therefore, be affirmed, and judgment will be entered -in this court in favor of appellees, D. E. Kimble and Minerva Kimble, and against appellants and the sureties on the said supersedeas bond, for the amount of said judgment and costs, together with ten per cent, per annum interest thereon and costs in this court. See Code 1881, §§ 476, 477; O’Hare v. Wilson, 3 Wash. T. 251.

Dunbar, Hoyt, Scott, and Stiles, JJ., concur.  