American Brewing Co. v. Talbot

Per Curiam. (Barclay, Macfarlane, and Robinson, JJ.)

Plaintiff has moved to vacate the super-sedeas unless a new appeal bond be given. The ground of the motion is that, since the approval of the appeal bond, the surety has become insolvent. The fact is supported by affidavit, and is not disputed. But the appellants insist that this court has no power to order a new bond or to vacate the stay order, under the statutes on the subject. R. S. 1889, secs. 2255, 2256.

Another section of the statute law (2249) shows the facts which should exist to warrant an order staying execution, or an approval of…