Block v. Insurance Co.
Supreme Court of Arkansas
On motion to assess 10 per cent, damages against the sureties on the supersedeas bond of appellants. For the facts and original opinion in this case, see ante p. 201. Secs. 1311, 1312 Mansf. Dig., are as follows : “Sec. 131 x.
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On motion to assess 10 per cent, damages against the sureties on the supersedeas bond of appellants. For the facts and original opinion in this case, see ante p. 201. Secs. 1311, 1312 Mansf. Dig., are as follows : “Sec. 131 x. Upon the affirmance of a judgment, order or decree for the payment of money, the collection of which, in whole or in part, has been superseded, as provided in this chapter, 10 per centum damages on the amount superseded shall be awarded against the appellant.” “Sec. 1312. Upon the affirmance of any judgment, order or decree by the Supreme Court, which has been wholly or…
1Per curiam
No judgment was rendered against the appellants for the recovery of money in the Circuit Court, or here. The sureties are not liable, therefore, to pay the penalty prescribed by the statute. Stephens v. Shannon, 44 Ark., 178; Worth v. Smith, 5 B. Mon., 504; Graham v. Sweigert, 12 ib., 527.
Motion denied.
2Cases cited1 opinion
- Worth v. SmithCourt of Appeals of Kentucky · 1845