Linick v. Lamm

PEARSON, TILLMAN, Chief Judge.

We have been presented with a motion by appellant to strike a condition in a supersedeas bond. The appeal is from a final decree for plaintiff in a chattel mortgage foreclosure. The appellant-movant was not the mortgagor but contests the lien of the mortgage.

The order granting supersedeas and fixing terms and conditions of the bond provides that the bond should be “ * * * conditioned to pay all costs and damages, including attorney’s fee.” A trial court is without authority to require as a condition of a supersedeas bond that attorney’s fees be paid by the…