SUMMERS v. HOUSTON

SUMMERS v. HOUSTON
1917 OK 121
162 P. 1097
62 Okla. 282
Case Number: 7761
Decided: 01/30/1917
Supreme Court of Oklahoma

SUMMERS et al.
v.
CLARK.

Syllabus

¶0 Appeal and Error--Supersedeas Bond--Judgment. In a case appealed to the Supreme Court, where 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, Sess. Laws 1915, will enter judgment against the sureties on such bond.

Hatchett & Ferguson and Parker & Simons, for plaintiffs in error.
Hayes & McIntosh, for defendant in error.

BLEAKMORE, C.

¶1 On appeal to this court from a judgment of the district court of Bryan county a supersedeas bond was filed, executed by the plaintiffs in error, Dave Summers and J. A. Alderson, as principals, and J. J. Gibson and H. H. Chaffin, as sureties, to stay said judgment. On the 21st day of July, 1915, there was judgment of this court against the appellants; and motion has been filed herein for judgment against the sureties on such supersedeas bond. By virtue of the provisions of chapter 249, Session Laws 1915, as construed in Long v. Lang, 49 Okla. 342, 152 P. 1078, the motion is sustained. Judgment is therefore entered in this court against J. J. Gibson and H. H. Chaffin in the sum of $ 300, together with interest thereon at the rate of 6 per cent. per annum from the 21st day of July, 1915, until paid, and all costs of the action.

¶2 By the Court: It is so ordered.