Simonton v. State ex rel. Turman

Citations

• 43 Fla. 351

Syllabus

<p>1. Under the provisions of section J272 Revised Statutes a final judgment in quo wwrranto proceedings, adjudicating the title to an office as between relator and the respondent, in favor of the relator can be superseded, and in such a case a supersedeas bond is properly conditioned that binds the obligors therein “to pay all damages and costs that the relator may sustain in the event such judgment be affirmecl.”</p> <p>2. A supersedeas in quo wwrranto proceedings operates to sus- • pend further action un der or relative to the judgment therein. It will relate to the status of the parties as existing at the time it becomes operative, even to the extent of preventing contempt proceedings to punish a party for not surrendering an office, on a judgment of ouster, held at the time the supersedeas becomes operative.</p>