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Eureka Pub. Co. v. First Nat. Bank of Stigler

Eureka Pub. Co. v. First Nat. Bank of Stigler, 1916 OK 769, 159 P. 1118
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
September 12, 1916
Docket
No. 7608
Judges
Edwards
Citations
159 P. 11181916 OK 76959 Okla. 2871916 Okla. LEXIS 1231
Disposition
Motion sustained.
Syllabus
Appeal and Error — Supersedeas Bond— Sureties on — Liability. In a case appealed to the Supreme Court, where a supersedeas bond has been given staying execution, and the judgment here is against the appellant, this court, by virtue of the provisions of chapter 249, Session Laws 1915, will enter judgment against the sureties on such bond. (Syllabus by Edwards, C.)
Summary
Error from District Court, Haskell County; vY. H. Brown, .Tudge. Action between the First National Bank of Stigler, a corporation, and the Eureka Publishing Company. There was a judgment for the former and the latter brings error. The judgment being affirmed, the successful party moved for judgment against the sureties on the supersedeas Ijond.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Edwards

Opinion by EDWARDS, C.

On appeal to this court the judgment rendered in the lower court was affirmed. A supersedeas bond had been given staying the execution. A motion has been filed herein for judgment against the sureties on such supersedeas bond. By virtue of the provisions of chapter 249, Sess. Laws 1915, as construed in Long v. Lang, 49 Okla. 342 , 152 Pac. 1078 . the motion is sustained.

Judgment is therefore entered in this court in favor of the First National Bank of Stigler in the sum of 81,172.55, with 10 per cent, interest from January 8,1915, for 822.25 costs taxed in the lower court, and all .costs in this court.

By tbe Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Johnson v. Henshaw1921 OK 33, 195 P. 486

Most recent

  1. Johnson v. Henshaw1921 OK 33, 195 P. 486

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Long v. O. R. Lang & Co., 1915 OK 886, 152 P. 1078 19

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