62 Okla. 283 162 P. 1097

SUMMERS et al. v. CLARK.

No. 7762

Opinion Filed Jan. 30, 1917.

(162 Pac. 1097.)

Appeal and Error — Supersedeas Bond — Judg" ment.

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, Bryan County; Jesse M. Hatchett, Judge.

Action by L. L. Clark against Dave Summers and another. Judgment for plaintiff, and defendants bring error.

Motion for judgment against sureties of supersedeas bond sustained.

See, also, 62 Okla. 280, 162 Pac. 476.

Hatchett & Ferguson and Parser & Simons, for plaintiffs in error.

Hayes & McIntosh, for defendant in error.

Opinion by

BLEAKMORE, C.

On appeal to this court from a judgment of the district court of Bryan county a supersedeas bond was.filed, executed by the plaintiffs in error, Dave Summers and J. A. Alderson, as principals, and J. J. Gibson and H. H. Chaffin, as sureties, to stay said judgment.

On the 21st day of July, 1915, there was judgment of this court against the appellants ; and motion has been filed herein for judgment agdinst the sureties on such super-sedeas bond. By virtue of the provisions of chapter 249, Session Laws 1915, as construed in Long v. Lang, 49 Okla. 342, 152 Pac 1078, the motion is sustained.

Judgment is therefore entered in this court against J. J. Gibson and H. H. Chaffin in the sum of $300, together with interest thereon at the rate of 6 per cent, per annum from the 21st day of July, 1915, until paid, and all costs of the action.

¡By the Court: It is so ordered.

Summers v. Clark
62 Okla. 283 162 P. 1097

Case Details

Name
Summers v. Clark
Decision Date
Jan 30, 1917
Citations

62 Okla. 283

162 P. 1097

Jurisdiction
Oklahoma

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