82 Mich. 305 | Mich. | 1890
The court below rendered a decree in favor of complainants and against defendants, in the sum of $45,167.66, for diverting said moneys from a trust fund, and defrauding complainants thereof. The complainants appealed to this Court, and the defendants also took separate appeals. The circuit judge approved the appeal-bonds of defendants. The penalty of each bond was $1,000, and contained the condition provided in the statute. The defendants have printed the record, and the complainants noticed the cause for hearing at the present term of this Court. On September 19 last, the complainants’ solicitor gave notice to defendants of a motion to be made to this Court on the 7th day of October inst., requiring them to file additional bonds, on the ground that the penalty of the bonds is insufficient in amount.
It appears that the decree was entered in the court below on May 5, 1890, and that the transcript was filed in this Court on June 2S, 1890, and the objection is made that the motion comes too late; that it should have been made during the June term, as the court heard motions at that term as late as July 1. But, as this was the only motion day at which it could have been heard, we do not think that the complainants were guilty of laches in not noticing the motion for that day.
It is also claimed that the office of a bond upon appeal is merely to indemnify and secure the opposite party against damages arising from delay, and to pay the costs of the appeal. The statute
Effect cannot be given to the language of the statute except by holding that the bond is intended to secure the performance or satisfaction of any decree the Supreme Court may make, where such decree is a personal one, requiring the party to do some act or pay some amount of money not otherwise secured.
Before the amendment of .1877,
An order will be entered granting the motion. Each defendant who has appealed will, within 15 days, file with the clerk of this Court an additional bond conditioned
How. Stat. § 6738.
Act No. 13, Laws of 1877.