[DOWNLOAD] "Williams v. State" by Mississippi Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Williams v. State
- Author : Mississippi Supreme Court
- Release Date : January 20, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appeal and Error — Judgments — Stay of Execution — Supersedeas Bonds — Affirmance of Judgment — Nonpayment — Motion for Judgment on Bond — Notice of Motion not Required. Appeal — Judgments — Stay of Execution — Supersedeas Bonds — Affirmance of Judgment — Entry of Judgment Under Terms of Bond and Statute on Motion of Respondent — Notice of Motion not Required. 1. Section 9735, Revised Codes 1921, provides that execution of a money judgment pending appeal may be stayed by the filing of a supersedeas bond signed by two or more sureties who shall bind themselves, if the judgment be affirmed, to pay the judgment, etc., and that if the appellant does not make payment within thirty days after the filing of the remittitur in the district court, judgment may be entered against them on motion of the respondent. Held, that the sureties on such a bond submit themselves to the jurisdiction of the court and assent to and adopt the provisions of the law for the enforcement of the obligation incurred by their bond, hence waive any right they might otherwise have had to the mode of its Page 174 enforcement and, therefore, are not entitled to notice of motion for judgment or an opportunity to be heard. (MR. JUSTICE GALEN dissenting.) Statutory Construction — Rule of Construction of Statute Adopted from Another State. 2. By adoption of a statute from another state after construction thereof by the highest court of that state, the legislature is presumed to have adopted such construction also.