Wash. Rev. Code § 59.12.220

Writ of restitution suspended pending appeal

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If a writ of restitution has been issued previous to the taking of an appeal by the defendant, and said defendant shall execute and file a bond as provided in this chapter, the clerk of the court, under the direction of the judge, shall forthwith give the appellant a certificate of the allowance of such appeal; and upon the service of such certificate upon the officer having such writ of restitution the said officer shall forthwith cease all further proceedings by virtue of such writ; and if such writ has been completely executed the defendant shall be restored to the possession of the premises, and shall remain in possession thereof until the appeal is determined.
[ 1891 c 96 s 24; RRS s 833. Prior: 1890 p 81 s 25.]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2005–2024 · leading case: HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant
HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp “) RCW 59.12.220 provides that if a writ of restitution has been issued and executed, then the posting of the bond entitles the tenant to be restored to possession of the premises, where the tenant is entitled to remain until the appeal is determined.”
Housing Authority v. Pleasant (2005) washctapp “220 provides that if a writ of restitution has been issued and executed, then the posting of the bond entitles the tenant to be restored to possession of the premises, where the tenant is entitled to remain until the appeal is determined.”
Leonard Carpenter Dewitt v. Kevin William Hannan (2021) washctapp · cites it 3× “Dewitt also argues that the eviction violated RCW 59.12.220. That statute provides that property must be restored to the defendant’s possession pending appeal when a writ of restitution has been entered prior to the appeal and the defendant posts a bond.”
John Thornton v. Debra Fifer And Claudio Mosquera (2018) washctapp “ATTORNEY FEES Fifer seeks an award of attorney fees, arguing that Locklin-Johnson filed a frivolous appea1.23 We disagree. RAP 18.”
David R. Biliske v. Marc A. Anderson & Cheyenna M. Anderson (2024) washctapp “See RCW 59.12.220 (allowing displaced tenants to post an appellate bond restoring them to “possession of the premises” during the pendency of appeal).”
Maharukh Ghadiali v. Catherine Cina (2015) washctapp “" RCW 59.12.220 provides: "If a writ of restitution has been issued previous to the taking of an appeal by the defendant, and said defendant shall execute and file a bond as provided in this chapter, the clerk of the court, under the direction of the judge, shall forthwith give…”
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