Edgerton v. West

Citations

• 38 Fla. 338

Syllabus

<p>1. From the copy of supersedeas bond found in the transcript it appeared that plaintiff in error filed, within thirty days from the rendition of the judgment at law, a bond with the requisite sureties, conditioned as required by statute and approved by the Clerk of the Circuit Court on the day of its filing. On motion to dismiss, a copy of the bond, with no approval thereon, .under the certificate of the clerk that it was a true copy of the ■original, was filed, but the affidavit of the clerk, to the effect that he did approve the bond on the date it was filed, as shown by the transcript, was produced: Held, On this showing that the bond was approved by the clerk on the day of its filing..</p> <p>3. The statute authorizes a Clerk of the Circuit Court to approve bonds, but it does not require him to swear the sureties as to the value of their property. He should require a bond with good sureties, and the approval of it without a justification of sureties when they are insolvent may render him liable, but the mere fact of the absence of the justification of the sureties is no ground for vacating a supersedeas.</p> <p>3. The supersedeas bond provided by section 1272 Revised Statutes should be sufficient in amount to protect the adverse party in the event his judgment is affirmed; and where a bond, sufficient in amount to cover the judgment, interest and costs when executed, appears to be insufficient in such amount when a motion is made in the appellate court to dismiss on account of its insufficiency, an additional bond will be required. Super.sedeas to be vacated unless an additional bond in the sum of .three hundred and fifty dollars be filed with the clerk of this •court within thirty days.</p>