Sumpter v. Hot Springs Savings, Trust & Guaranty Co.
Supreme Court of Arkansas
Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; 1. The original judgment of the Garland Chancery Court was a money judgment, and appeal was taken to this court and supersedeas bond filed, which superseded the judgment, and judgment was rendered against appellant and sureties in the Supreme Court and should have been enforced from this court and not the lower court. 44 Ark. 178. 2. The chancery court erred in issuing an execution upon the bond of William…
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Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; 1. The original judgment of the Garland Chancery Court was a money judgment, and appeal was taken to this court and supersedeas bond filed, which superseded the judgment, and judgment was rendered against appellant and sureties in the Supreme Court and should have been enforced from this court and not the lower court. 44 Ark. 178. 2. The chancery court erred in issuing an execution upon the bond of William Sumpter, Nannie E. and O. H. Sumpter without taking any judgment against them. 3. The court erred in requiring appellants to…
1Opinion of the Court
HUMPHREYS, J.,
(after stating the facts). (1)' It is first insisted by appellants that, because a judgment was rendered in the Supreme Court on appeal, in the original foreclosure proceeding, against Mrs. Nannie E. Sumpter and her bondsmen on the supersedeas bond, the Hot Springs Savings, Trust & Guaranty Company had no right to take a mandate and attempt to enforce the collection of its original judgment and decree of foreclosure in the chancery court. Such is not the effect of an appeal with supersedeas. This court said in the case of Miller v. Nuckolls, 76 Ark. 485, that “An appeal and…
2Cases cited2 opinions
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- Earle's Adm'x v. Hale's Adm'rSupreme Court of Arkansas · 1876
3Cited by2 opinions
- Fernow v. PfileSupreme Court of Oklahoma · 1947
- Hot Springs Savings, Trust & Guaranty Co. v. SumpterSupreme Court of Arkansas · 1921