Powell v. Bradley

Citations

• 86 Kan. 198
• 119 P. 543
• 1911 Kan. LEXIS 207

Syllabus

<p>SYLLABuS BY THE COURT.</p> <p>1. Mandamus — District Clerk — Execution. Mandamus will lie to compel a clerk of the district court to issue an execution upon a judgment or final order from which no appeal has been taken, notwithstanding the filing and approval of a supersedeas bond.</p> <p>2. Appeal — Supersedeas Bond — Stay of Execution. A super-sedeas bond is an essential part of an appeal, where it is sought to stay execution pending .appeal. The mere filing and approval of such bond where there has been no service of notice of appeal will not operate to stay execution upon the judgment.</p> <p>3. Judgment — Motion for New Trial — Stay of Execution. The pendency of a motion for a new trial in the action wherein the judgment has been rendered will not operate to stay execution.</p>