SAUTBINE v. C. I. T. CORP.

SAUTBINE v. C. I. T. CORP.
1934 OK 477
45 P.2d 764
169 Okla. 83
Case Number: 24143
Decided: 09/25/1934
Supreme Court of Oklahoma

SAUTBINE
v.
C. I. T. CORPORATION.

Appeal from District Court, Oklahoma County; John L. Norman, Assigned Judge.

Action by the C. I. T. Corporation against Willis G. Sautbine upon a promissory note and chattel mortgage. From the judgment for the plaintiff, defendant appeals. Order of supersedeas vacated and set aside.

Syllabus

Appeal and Error--Order Staying Execution Vacated for Failure to File New Supersedeas Bond as Ordered by Supreme Court.

Where a bond has been given to supersede a judgment, and the judgment has been superseded thereby, and thereafter upon proper motion this court has ordered the plaintiff in error to file a new bond, where such order is not complied with, this. court may upon proper motion vacate the order of supersedeas.

Ledbetter, Stuart, Bell & Ledbetter, for plaintiff in error.

Pierce, McClelland, Kneeland & Bailey, for defendant in error.

PER CURIAM.

On the 7th day of October, 1932, the plaintiff in error filed petition in error with case-made attached, and on May 11, 1934, the defendant in error filed a motion to require the plaintiff in error to strengthen the supersedeas bond.

On June 19th thereafter, this court entered its order requiring the plaintiff in error to furnish a new bond to be approved by the court clerk of Oklahoma county within 20 days from the date of that order. The time in which that order should have been obeyed expired, and thereafter, on the 20th day of July, 1934, defendant in error filed its motion to vacate the order of supersedeas in the cause.

This court in a number of decisions has held that where the Supreme Court has ordered the filing of a new bond, and that order is not complied with, the defendant in error may cause the order superseding the judgment to be vacated upon proper notice P.2d 699.