Opinion
No. 7505
Opinion Filed July 25, 1916.
Appeal and Error — Liabilities on Bond — Judgment.
In a case appealed to the Supreme Court where supersedeas bond has been given staying execution, and the judgment here is against the appellant, this court by virtue of the provisions of chapter 249, Sess. Laws 1915, will enter judgment against the sureties on such bond.
(Syllabus by Bleakmore, C.)Error from District Court, Coal County; R.M. Rainey, Judge.
Action. between J.W. Butts, Jr., and another and the Rothschild Brothers Hat Company. From the judgment, Butts and another bring error. Motion for judgment against sureties on supersedeas bond. Sustained.
George Trice, for plaintiffs in error.
Fooshee Brunson, for defendant in error.
On appeal to this court from a judgment of the district court of Coal county, supersedeas bond was filed, executed by the plaintiffs in error as principals, and E.R. Bunch and R.A. Arnold as sureties, to stay said judgment. On July 11, 1916, there was judgment of this court against appellants; and motion has been filed herein for judgment against the sureties on supersedeas bond. By virtue of the provisions of chapter 249, Sess. Laws 1915, as construed in Long v. Lang Co., 49 Okla. 342, 152 P. 1078, the motion is sustained.
Judgment is therefore entered in this court against E.R. Bunch and S.A. Arnold, in the sum of $199.47, together with interest thereon at the rate of 6 per cent. per annum from the 29th day of September, 1914, and all costs of the action.
By the Court: It is so ordered.