Prueitt v. Cheltenham Quarry Co.
Prueitt v. Cheltenham Quarry Co.
Opinion of the Court
delivered the opinion of the court.
Plaintiff brought suit against the defendant and six others in the circuit court of the city of St. Louis. On the trial, judgment was rendered for the plaintiff against three of the defendants, to-wit, The Cheltenham Quarry Company, Josiah W. Kennedy and Albert Nega. Prom this judgment Kennedy and Nega appealed to this court, giving a supersedeas bond. This defendant did not appeal from the judgment, and execution was issued against it pending the appeal of its co-defendants. Defendant tiled motion to recall and quash the execution, which being overruled by the court, the case comes here by appeal.
This record presents but one question, to-wit: Did the trial court err in overruling the motion made by
In an appeal from the circuit court the judgment itself is not superseded, even when bond is given, its enforcement is temporarily stayed, and that is all. The judgment in this case not being appealed from by the defendant, the same stands as valid and binding, and we see no good reason why an execution should not issue thereon.
The judgment of the circuit court is affirmed.
Reference
- Full Case Name
- Newton Prueitt v. Cheltenham Quarry Company
- Cited By
- 1 case
- Status
- Published