Bacon v. Green

Citations

• 36 Fla. 313

Syllabus

<p>1. At common law a supersedeas, in order to stay proceedings on an execution, must be perfected before the issuance and levy of the execution; and where a sheriff made a levy before a supersedeas attached, he was required to proceed to sell without regard to the subsequent allowance of the supersedeas. The effect of the statute (R. S. §1272) providing that the allowance and perfection of a supersedeas shall suspend all further proceedings in relation to the judgment, is to change the common law rule requiring or permitting a sale of property after the perfection of the supersedeas, though the levy should be made before the allowance of such writ.</p> <p>2. A supersedeas has the effect to suspend all further proceedings in relation to a judgment superseded, but it does not, like a reversal, annul it. The supersedeas being preventive in its nature, does not set aside what the trial court has adjudicated, but stays further proceedings in relation to the judgment until the appellate court acts thereon.</p> <p>3. Where personal property has been seized under a writ of attachment issued in a suit at law, and remains in the hands of the sheriff without being replevied, and after the attachment has been sustained on a traverse of the affidavit, such property still remaining in the hands of the sheriff, is specifically condemned, by final judgment rendered for the plaintiff, to be sold to pay the judgment, a supersedeas perfected on a writ of error from the judgment will not have the effect to restore the property, in the hands of the sheriff and condemned to be sold, to the plaintiff in error.</p>