Watson v. Niles
Supreme Court of Iowa
Watson v. Niles, 112 Iowa 655 (Iowa 1900)
84 N.W. 702
Sherwin
Watson v. Niles
Opinion of the Court
Section 4128 of the Code provides that “no proceedings under a judgment or order nor any part "thereof shall be stayed by an appeal unless the appellant executes a bond, * * *” and that “no appeal or stay shall vacate or affect such judgment or order.” The appellee alleged in his petition that he could not give a supersedeas bond, and thereupon the court determined that, unless the appellants furnished bonds to refund in case of reversal by this court, the judgment should be stayed. This was a direct nullification of the statute, and cannot be sustained. Watson v. Richardson, 110 Iowa, 698. The order of the district court is REVERSED.
Reference
- Full Case Name
- Leslie C. Watson, Julia Richardson, Jesse B. Watson and wife, Lucia Bird, John Bird, George B. Watson and wife, Kate M. Kent, Edgar Watson and wife, Eugene Watson and wife, Julia L. Childs, Austin Watson and wife, Day Otis Watson and wife, George R. Watson and wife, Ida A. Hudson, Joseph Hudson, Cora May Rogers and husband, and Alice Watson v. George D. Niles, alias George Niles Watson
- Status
- Published