66 Fla. 567 | Fla. | 1914
The petition herein filed alleges in
If the enforcement of a money judgment has been commenced, a supersedeas .thereof would arrest the proceedings at the stage in which they were when the supersedeas is perfected by the due execution, approval and filing of the required bond. See Thalheim v. Camp Phos. Co., 48 Fla. 190, 37 South; Rep. 523.
The respondent seeks to justify this action in not observing the terms of the statute that the supersedeas “shall be obeyed as such, suspending all further proceedings in relation to such judgment, in and by the officers of the said court below,” upon the grounds that the supersedeas is not effective because the surety upon whose property the execution was levied is not a party to the writ of error, and because the supersedeas bond is not conditioned as the statute requires.
It is true H. A. Farmer, a surety on the defendant’s forthcoming bond in the replevin proceeding, upon whose property the execution was levied, is not a party to the writ of error; but as the surety may have his remedy over against the principal, the supersedeas bond given by the principal to suspend the enforcement of the judgment
The rule nisi will be made absolute and until further order is made, the respondent will make amends by paying the costs of this proceedign. '