
    [No. 4800.
    Decided November 14, 1903.]
    E. H. Winchester et al., Respondents, v. Evan J. Morris, Appellant.
      
    
    Appeal from a judgment of the superior court for Chelan county, Martin, J.
    Dismissed.
    
      Dill & Grass, for appellant.
    
      Hovey & Hale, Kauffman & Frost, and Frank Reeves, for respondents.
    
      
      Reported in 74 Pac. 361.
    
   Per Curiam.

The respondents move to dismiss the appeal in this case, for the reason that the appeal bond, which was intended to operate also as a supersedeas bond, is insufficient in the amount of the penalty named. The judgment from which the appeal is taken is $293.87 and costs. The penalty named in the bond is $700. This, it will be seen, is not twice tbe amount of the judgment and tbe $200 which is required in an appeal bond. Under the rule announced in Town of Sumner v. Rogers, 21 Wash. 361, 58 Pac. 214, that a bond, on appeal, to act as both a cost bond and a supersedeas, must be in a penalty double the amount of the money judgment entered plus $200, which rule has since been uniformly sustained by this court, the motion must prevail, and the appeal be dismissed.  