64 Iowa 526 | Iowa | 1884
The land in question belonged to tbe university grant. In 1868, one Balenseifer entered into a contract for tbe purchase of tbe land with tbe treasurer of the board of
It is contended by plaintiff, however, that, as the judgments-were rendered in the circuit court on appeal, stay of execution thereon could not be taken under the statute, (Code, §• 3061), and for this, and the further reason that the bonds were not given until long after the expiration of the period for the1 taking of a stay, they cannot be regarded as bonds for the-stay of execution, but simply as the undertakings of Sutton to pay the judgments. The answer to this position, how., ever, is, that the instruments were intended by Sutton as-bonds for the stay of execution on said judgments, and were-accepted and approved and recorded as such by the clerk. And it has been held that the clerk acts judicially in accepting; and approving and recording such bonds, and that his action cannot be questioned in a collateral proceeding. Maynes
Reversed.