Coughran v. Hollister

Citations

• 15 S.D. 318
• 89 N.W. 647
• 1902 S.D. LEXIS 10

Syllabus

<p>1. Though, an undertaking on appeal is not sufficient as a statutory stay bond because of the omission of certain words, yet the sureties, having been required to justify in the sum of $2,000, and by its words having undertaken not only to pay costs and damages to the amount of $250, but the amount of the judgment, if it be affirmed, are charged with notice that they are executing something more than a cost bond, and are bound thereby as a common law undertaking, on evidence that it was treated by counsel as sufficient, and that execution was actually stayed thereby.</p> <p>2. Testimony of surety on an appeal bond, sufficient, by its terms, as a common law undertaking for payment of the judgment if it be affirmed, that at the time he signed it he was informed it was simply a cost bond, is inadmissible, it not being shown who so informed him, or that he relied on the statement.</p>