Greenberg v. Lesamis

Citations

• 5 Alaska 158

Syllabus

<p>1. -Execution <@=»160—Practice—Motion to Quash. '</p> <p>Motion to quash execution in equity denied, because in practice and in effect it is an application for a new trial, which has already been denied in this suit.</p> <p>2. Appeal and Error <&wkey;478—Supersedeas—Motion to Postpone Sale.</p> <p>The defendant in an equity suit, after a motion for a new trial was denied, filed a motion to postpone the sale of the premises ordered to be sold by the decree, for one year, or for ten days after the filing the mandate of the appellate court in the trial court. Motion denied, and held, the motion is in effect an effort to secure the benefit of a supersedeas, which the defendants waived by failing to comply with the provisions of the statute requiring the application for the supersedeas to be filed within 60 days after the rendition of the decree.</p> <p>3. Appeal and Error <&wkey;458(l)—Supersedeas.</p> <p>The supersedeas is a right secured by statute, and of imperative obligation on the court and its officers. If the provisions of the statute are complied with the right exists. If these are not complied with, it cannot exist. Without such compliance no court can confer it.</p> <p><§r^See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>