Woolfolk v. Bruns
Supreme Court of Minnesota
Action on a promissory note of $500, brought by plaintiff, a nonresident of this state, in the district court for Clay county. On November 16, 1889, the plaintiff obtained an order allowing him to file security for costs nunc pro tunc, and for judgment against defendant unless the latter should serve an answer within 10 days after service of a copy of the order.
Read the full summary
Action on a promissory note of $500, brought by plaintiff, a nonresident of this state, in the district court for Clay county. On November 16, 1889, the plaintiff obtained an order allowing him to file security for costs nunc pro tunc, and for judgment against defendant unless the latter should serve an answer within 10 days after service of a copy of the order. The order was served November 19, 1889. Notice of appeal was served by defendant November 26th, and on the same day a sufficient supersedeas bond was executed and served on plaintiff’s attorneys, with the notice of appeal, but the…
1Opinion of the CourtMitchell, J.
A supersedeas is a statutory remedy, and is only obtained by a strict compliance with all the required conditions, one of which, in case of an appeal from an order, is that the supersedeas bond shall be filed in the office of the clerk of the court where the order is filed. Gen. St. 1878, c. 86, § 10. Hence, proceedings on the order are stayed, and rights under it are saved, as of the date of the filing of the bond. The supersedeas does not relate back to the date of the order, so as to annul proceedings already had, or restore rights under it already lost. The stay simply leaves the…
2Cases cited1 opinion
- Board of Commissioners v. GormanSupreme Court of the United States · 1874
3Cited by7 opinions
- State ex rel. Spratt v. SprattSupreme Court of Minnesota · 1921
- Althen v. TarboxSupreme Court of Minnesota · 1892
- Thalheim v. Camp Phosphate Co.Supreme Court of Florida · 1904
- Pickel v. PickelSupreme Court of Missouri · 1913
- Aune v. BrenemanSouth Dakota Supreme Court · 1952
2 more not listed; retrieve them via the Exa API.