¶1Section 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.
112 Iowa 655
Watson v. Niles
Decided December 22, 1900
Supreme Court of Iowa · decided 1900-12-22
— Hon. A. J. House,. Judge. After trial on its merits in the district court, judgment was rendered herein for the plaintiffs, from which the defendant appealed, but gave no supersedeas bond. After the appeal was perfected he filed his petition herein, asking that the referees who had been appointed to sell the real estate belonging to the estate of Mott Watson be restrained from so doing, and from distributing the proceeds thereof, pending his appeal to this court.
Reversed · Decided 1900-12-22