25 Fla. 608 | Fla. | 1889
The appeal in this case is from an order dissolving the injunction previously granted. .On the first day of July, 1889, the Chief Justice, on application of appellant, granted a supersedeas, and the matter 'now before us is a motion to vacate the supersedeas. To understand the questions presented on this motion, it is only necessary to give a general outline of the case. Appellant obtained a decree of foreclosure in another suit against Dzialynski and wife et al. Appellee, Hilton, was appointed master to make sale of the lands on which foreclosure was
In the motion to vacate the order of supersedeas, the first
There is nothing before us on this motion which was not before the Cheif Justice when he granted the order of supersedeas, and we are unable to see anything in the grounds of the motion which shows that he did not grant it advisedly. The objection as to the legality of the appeal caunot be sustained. It is not necessary in chancery appeals, as it is in appeals in actions at law, that the plaintiff, if appellant, should pay the costs already accrued and give bond for future costs. Smith vs. Curtis, 19 Fla., 786. And appeals taken during a term of the Supreme Court are properly returnable to the succeeding term of that court. McClellan, 841, section 10. In regard to the sufficiency of the bill, and irregularities in the proceeding,, these are matters going to the merits of the appeal, which we are not called on to determine in considering this motion. That is not required except on the hearing of the-case appealed, and would be anticipating our decision. It is enough on application for supersedeas in an appeal from an interlocutory order or decree, that the judge or justice should on “inspection of the record * think fit to order and direct” it. McClellan, 167, section 2. He is not to
Looking to the effect of the supersedeas, it appears to us to be justified. It would seem manifestly injurious to permit the sale to proceed while there is a question made as to whether a sale can be properly had before a reformation of the decree of foreclosure, and as to whether the subsequent order directing a different sale of the property from that ordered by the decree is a legal order — such order not professing to be a reformation of the decree.
Motion denied.