Harrison v. Stebbins
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. W. B. Quarton, Judge. Action to compel the board of supervisors of Palo Alto county to levy a tax from, which to pay plaintiff’s judgment against said county. The defendants interposed the defense that an appeal had been taken to the supreme court, though no supersedeas bond had been filed. A motion for judgment having been sustained, and judgment entered as prayed, the defendant’s appeal.
1Opinion of the CourtLadd, J.
Does an appeal from- a judgment against a county operate as a stay of proceedings thereon without the filing of a supersedeas bond? Section 4128 of the Code provides that “no proceedings under a judgment or order, nor any part thereof, shall be stayed by an appeal, unless, the appellant executes a bond with one or more sureties, to be filed with and approved by the clerk, of the court in which the judgment or order was rendered or made,” and conditioned as therein set out. No exception is made of any litigant, and the only exemption from furnishing security is that of section 3475, providing:…
2Cases cited5 opinions
- Von Schmidt v. WidberCalifornia Supreme Court · 1893
- McClay v. City of LincolnNebraska Supreme Court · 1891
- State v. Judge of the Third DistrictSupreme Court of Louisiana · 1841
- People ex rel. Attorney General v. ClinganCalifornia Supreme Court · 1855
- Von Schmidt v. WidberCalifornia Supreme Court · 1893