First National Bank v. Elliott

The'opinion of the court was delivered by

Johnston, J. :

The First National Bank of" Fort Scott recovered a judgment against Charles H. Elliott for $3205.89, and the court having refused to stay the execution of the judgment an execution was at once issued which was levied on the property of the defendant. To prevent the enforcement of the judgment 'until a review of the same could be had, the following stipulation was entered into and signed by the attorneys of the respective parties :

“Whereas, on the 30th day of April, 1892, in said district court above named, said plaintiff recovered a…