Town of Fairburn v. Brantley

1. “The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment.” Barnett v. Strain, 153 Ga. 43 (111 S. E. 574). Under this rule the supersedeas, during its pendency, prevents any steps to en*200force or carry into effect the judgment, such as issuing an execution based thereon. 3 O. J. 1319, § 1448.

No. 4851. October 14, 1925.

2. A motion for a new trial duly filed does not become automatically void because of failure to serve the respondent. The…