Opinion
No. 7608
Opinion Filed September 12, 1916.
Appeal and Error — Supersedeas Bond — Sureties on — Liability.
In a case appealed to the Supreme Court, where a 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, Session Laws 1915, will enter judgment against the sureties on such bond.
(Syllabus by Edwards, C.)Error from District Court, Haskell County; W.H. Brown, Judge.
Action between the First National Bank of Stigler, a corporation, and the Eureka Publishing Company. There was a judgment for the former and the latter brings error. The judgment being affirmed, the successful party moved for judgment against the sureties on the supersedeas bond. Motion sustained.
See, also, ante, p. 285, 159 P. 508.
Holley Means and A.L. Beckett, for plaintiff in error.
Clark Foster, for defendant in error.
On appeal to this court the judgment rendered in the lower court was affirmed. A supersedeas bond had been given staying the execution. A motion has been filed herein for judgment against the sureties on such supersedeas bond. By virtue of the provisions of chapter 249, Sess. Laws 1915, as construed in Long v. Lang, 49 Okla. 342, 152 P. 1078, the motion is sustained.
Judgment is therefore entered in this court in favor of the First National Bank of Stigler in the sum of $1.172.55, with 10 per cent. Interest from January 8, 1915: for $22.25 costs taxed in the lower court, and all costs in this court.
By the Court: It is so ordered.