Parsons-May-Oberschmidt Co. v. Furr

Citations

• 110 Miss. 795
• 70 So. 895

Syllabus

<p>1. Judgment. Conclusiveness. Matters concluded. Appeal and error. Supersedeas bond. Statute. Construction. Principal and surety. Liability on.</p> <p>Where in a suit to enjoin a sale under a deed of trust, the grantors appealed and gave a supersedeas bond and in the appellate court the sureties on the bond moved to discharge it, because they had been misled into signing it, and had, before the bond was approved, notified the clerk not to approve it, and the supreme court declined to entertain the motion on the ground that such matters could not there be adjudicated in the first instance; in such case such ruling did not preclude the sureties from subsequently filing a bill in the lower court to vacate the bond and annul the judgment thereon.</p> <p>2. Appeal and Error. Supersedeas bond. Statute. Construction.</p> <p>Under Code 1906, section 1022, providing that “when a bond, recognizance, obligation, or undertaking of any kind shall be executed in any legal proceeding, or for the performance of any public contract, or for the faithful discharge of any duty, it shall inure to the person to whom it is designed by law as a security, and be subject to judgment in his favor, no matter to whom it is made payable, nor what is its amount, nor how it is conditioned, and the persons executing such bond or other undertaking shall be bound thereon and thereby, and shall be liable to judgment or •decree on such bond or undertaking as if it were payable and •conditioned in all respects as prescribed by law, if such bond or ether obligation or undertaking had the effect in such proceeding •or matter which a bond or other undertakings payable and conditioned as prescribed by law, would have had, and where any •such bond, or undertaking is not for any specified sum, it shall bind the parties executing it for the full amount for which any bond or undertaking might have been required in the state of case in which i^. was given.” where a supersedeas bond is for a lesser or greater a