Eastman-Gardiner Naval Store Co. v. Gregory

On a former day of the present term the appeal in this case was dismissed, and a judgment was rendered against the appellant and the sureties on this supersedeas bond in accordance with section 3889, Code of 1930'.

The costs incurred in the appeal have not been paid, and the judgment has not been certified to the court below, but the appellee, by motion, requests that the clerk of this court be directed to issue an execution on the judgment, not for the costs incurred in the appeal, but for the money adjudged to be due the appellee, citing as authority therefor the provisions of the section…