DocketNumber: No. 41079
Citation Numbers: 234 Miss. 446, 105 So. 2d 567
Judges: Arrington, Gillespie, Kyle, Lpe, McGéhee
Filed Date: 10/13/1958
Status: Precedential
Modified Date: 9/9/2022
The appellants, with sureties, executed an appeal bond in the amount of $593.75, the condition of which is “that the above bound principals have prosecuted an appeal with supersedeas” to this Court from the final decree against them in the sum of $475, by the Chancery Court of "Washington County, Mississippi, in this cause, and ‘1 if said above bound principals will satisfy said decree, and also such final judgment as may be made in said cause, and all costs, if the same be affirmed, then the foregoing obligation shall be null and void.”
While the bond clearly appears to be for supersedeas, obviously $593.75 is not sufficient to supersede a value of $13,225. The trial court did not fix the bond or allow the appeal. The appellant simply furnished a bond which is insufficient to effect the purposes stated.
The appellee has filed a motion to discharge the supersedeas unless the appellants, within such reasonable time as may be fixed by the court, shall give a good and sufficient bond to supersede the decree.
The motion is sustained. The penalty of the bond is hereby fixed at the sum of $16,531.25, to be conditioned according to law, with good and sufficient sureties, and is to be given by the appellants and approved by the Clerk of this Court within ten days from the date of this order; and, if not given and approved within that time, the supersedeas is hereby discharged. Stewart v.
Motion to require a sufficient supersedeas bond sustained and amount thereof fixed.