Eckman & Vetsburg v. Meriam

Citations

• 32 Fla. 425

Syllabus

<p>1. In order to obtain a statutory supersedeas, a plaintiff in error must come within the provisions of the statute. By its provisions a party against whom an entire money judgment has been rendered in the lower court may, as matter of legal right, within the time prescribed, supersede such judgment by giving the bond in the sum. conditioned and approved as required ; but the statute does not secure, to a plaintiff in error the right, as matter of course, to supersede a judgment not rendered against him, although it may be for a definite sum of money, and affecting his interests. Where no judgment for an entire sum of money lias been rendered against the plaintiff in error in the court below, the judgment as to him is other than a money judgment, within the meaning of the last clause of the first part of Section 1272, Revised Statutes.</p> <p>2. Attachment proceedings were instituted by E. & V. against M., and levy made on the latter’s personal property. M. filed a bill against E. & V. and the sheriff to enjoin the sale of $1,000 worth of the property, on the ground that it was exempt to M. as the head of a family, under the Constitution. The entire property levied on was sold as perishable under the attachment proceedings and the proceeds were paid into the registry of the court. M. filed supplemental amended bill against E. & V. asking that $1,000 of the money in the registry of the court be paid to him as the head of a family, and exempt under the Constitution. The Circuit Court held that M. was entitled to the exemption, and directed the register of the court to pay to him $1,000 of the money. E. & V. appealed from the decree, and within thirty days from its rendition filed a bond in the sum of $1,500, approved by the Circuit Clerk, conditioned to pay the $1,000 and interest to M., and the costs of suit in the event the decree should be affirmed: Held, That the decree appealed from was not such a decree for money against appellants as they had a right to super