Chapman v. Rivers Construction Company

ON REHEARING

Motion for Ten per cent damages.

Subsequent to original deliverance, Stamper has filed a motion asking that the judgment of this court be amended so as to include the ten per cent award of damages as required by § 814, Title 7, Code 1940, as amended, which, in pertinent part recites:

“When a judgment or decree is rendered for money, whether debt or damages, and the same has been superseded on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also render judgment against all or any of the obligors on the bond, for…