Harris v. Kansas Elevator Co.

Citations

• 66 Kan. 372
• 71 P. 804
• 1903 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Supersedeas Bond — Sureties Held — Bond Construed. After a judgment directing the payment of money had been rendered against a defendant, it gave a supersedeas bond, reciting that its purpose was to secure a stay of execution until the final determination of proceedings in error. The bond did not conform to the statute prescribing the conditions of an undertaking to stay the execution of a money judgment. The condition of the obligation was that plaintiff in error would “abide the judgment, if the same shall be affirmed, and pay the costs.” The judgment was affirmed in the court of appeals. Held, that non-payment of the judgment constituted a breach of the conditions of the bond.</p> <p>2. -— Case Distinguished. The case of MeGarry v. The State, 37 Kan. 9, 14 Pac. 491, distinguished.</p>