State ex rel. Reins v. Sixth Judicial District Court
Montana Supreme Court
Certiorari by the State, on relation of John P. Reins and others, against the District Court of the Sixth Judicial District in and for Carbon County, to review a judgment. Statement of the case by the Justice delivering the opinion.
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Certiorari by the State, on relation of John P. Reins and others, against the District Court of the Sixth Judicial District in and for Carbon County, to review a judgment. Statement of the case by the Justice delivering the opinion. Certiorari to review a judgment of the District Court of the Sixth Judicial District entered November 21, 1898, against the relators, for $3,456.47, as sureties on an undertaking to stay execution on appeal to this Court from a judgment of said district court in the case of BecJc v. O’ Connor et al., reported in 21 Mont. 109, 53 Pac. 94. The return shows that on…
1Opinion of the CourtHunt, J.
The consideration of the undertaking of these delators was a stay of execution pending the determination of the appeal from the District to the Supreme Court in the case of Beck v. O'Connor et al., 21 Mont. 109, 53 Pac. 94. If ho stay c'oú'ld have been had until the judgment of this Court has rendered, the sureties might never have executed the bond. Certain present conditions often exist under which a man will assume a liability upon an appeal and stay bond which under other circumstances he would not. The suspension of a levy under an execution against a judgment debtor until his appeal can…
2Cases cited12 opinions
- Loeb v. . WillisNew York Court of Appeals · 1885
- Murdock v. BrooksCalifornia Supreme Court · 1869
- Watts v. OverstreetTexas Supreme Court · 1890
- Moffat v. GreenwaltCalifornia Supreme Court · 1891
- Powers v. ChabotCalifornia Supreme Court · 1892
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3Cited by5 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Davis v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1903
- Fidelity & Deposit Co. v. TorianSupreme Court of Alabama · 1930
- Morin v. WellsMontana Supreme Court · 1904
- Rogers v. Day & United Products Co.Oregon Supreme Court · 1962