Block v. Insurance Co.

• Citation: 12 S.W. 702,52 Ark. 340
• Parties: BLOCK v. INSURANCE CO
• Decision Date: 14 December 1889
• Court: Supreme Court of Arkansas

12 S.W. 702

52 Ark. 340

BLOCK v. INSURANCE CO

Supreme Court of Arkansas

December 14, 1889

On motion to assess 10 per cent. damages against the sureties on the supersedeas bond of appellants.

For the facts and original opinion in this case, see ante p. 201. Secs. 1311, 1312 Mansf. Dig., are as follows:

"Sec. 1311. Upon the affirmance of a judgment, order or decree for the payment of money, the collection of which, in whole or in part, has been superseded, as provided in this chapter, 10 per centum damages on the amount superseded shall be awarded against the appellant."

"Sec. 1312. Upon the affirmance of any judgment, order or decree bye the Supreme Court, which has been wholly or in part superseded, judgment shall be rendered and entered up against the securities on the supersedeas bond, and the court shall award execution thereon."

Motion denied.

OPINION

PER CURIAM.

No judgment was rendered against the appellants for the recovery of money in the Circuit Court, or here. The sureties are not liable, therefore, to pay the penalty prescribed by the statute. Stephens v. Shannon, 44 Ark. 178; Worth v. Smith, 44 Ky. 504, 5 B. Mon. 504; Graham v. Swigert, 7 B. Mon. 661.

Motion denied.