EUREKA PUB. CO. v. FIRST NAT. BANK OF STIGLER

EUREKA PUB. CO. v. FIRST NAT. BANK OF STIGLER
1916 OK 769
159 P. 1118
59 Okla. 287
Case Number: 7608
Decided: 09/12/1916
Supreme Court of Oklahoma

EUREKA PUB. CO.
v.
FIRST NAT. BANK OF STIGLER.

Syllabus

¶0 Appeal and Error--Supersedeas Bond--Sureties on--Liability.
In a case appealed to the Supreme Court, where a supersedeas bond has been given staying execution, and the judgment here is against the appellant, this court, by virtue of the provisions of chapter 249, Session Laws 1915, will enter judgment against the sureties on such bond.

Error from District Court, Haskell County; W. H. Brown, Judge.

Action between the First National Bank of Stigler, a corporation, and the Eureka Publishing Company. There was a judgment for the former and the latter brings error. The judgment being affirmed, the successful party moved for judgment against the sureties on the supersedeas bond. Motion sustained.

See, also, ante, p. 285, 159 P. 508.Holley & Means and A. L. Beckett, for plaintiff in error.
Clark & Foster, for defendant in error.

EDWARDS, C.

¶1 On appeal to this court the judgment rendered in the lower court was affirmed. A supersedeas bond had been given staying the execution. A motion has been filed herein for judgment against the sureties on such supersedeas bond. By virtue of the provisions of chapter 249, Sess. Laws 1915, as construed in Long v. Lang, 49 Okla. 342, 152 P. 1078, the motion is sustained.

¶2 Judgment is therefore entered in this court in favor of the First National Bank of Stigler in the sum of $ 1,172.55, with 10 per cent. interest from January 8, 1915, for $ 22.25 costs taxed in the lower court, and all costs in this court.

¶3 By the Court: It is so ordered.