Banning v. Brown

Citations

• 73 Fla. 54
• 74 So. 23

Syllabus

<p>1. A Master in Chancery has no authority to pass upon and determine any question affecting the propriety or competency of ' an order of a Circuit Judge fixing the amount and conditions of a bond for supersedeas, or the sufficiency of the bond filed in pursuance of such order.</p> <p>2. If there is the semblance of a supersedeas bond on file within thirty days of the date of entry of the decree or order appealed from the Master cannot disregard it, and for him to do so, is contempt of court.</p> <p>3. The entry of appeal, the order fixing the amount and conditions of the bond, its execution, approval and filing within thirty days of the entry of the decree or order appealed from, are all that is necessary to set the statutory supersedeas in operation, and when that is done, the power of the Circuit Judge is ended, except that he may correct the record to make it speak the truth.</p>