Prairie Creek Coal Mining Co. v. Kittrell

Per Curiam,

Appellant gave a supersedeas bond, and the judgment was affirmed. Prairie Creek Coal Mining Co. v. Kittrell, 106 Ark. 138.

The surety on the supersedeas bond now moves this court for summary judgment against appellant, alleging that the amount of the affirmed judgment has been paid by said surety.

The question arises whether or not this court has authority to render such judgment.

The only statute which in express terms authorizes this court to render summary judgment on a supersedeas bond only provides for judgment against the sureties. Kirby’s Digest, § 1235.

The statute now relied…