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62 Okla. 282

162 P 1097

Summers v. Houston

Supreme Court of Oklahoma

Decided January 30, 1917

Supreme Court of Oklahoma · decided 1917-01-30

Error from District Court, Bryan County; Jesse M. Hatchett, Judge. Action by J. R. Houston against Dave Summers and another. Judgment for plaintiff, and defendants bring error, and after judgment of Supreme Court against appellants, motion filed for judgment against sureties on supersedeas bond.

Relies on Long v. O. R. Lang & Co.

Motion sustained, and judgment entered against sureties · Decided 1917-01-30

¶1 Opinion by

BLEAKMORE, C.

¶2 On appeal to this court from a judgment of the district court of Bryan county a supersedeas bond was filed, executed by the plaintiffs in error, Dave Summers and J. A. Alderson, as principals, and J. J. Gibson and H. H. Chaffin, as sureties, to stay said judgment.

¶3 On the 21st day of July, A. D. 1915, there was judgment of this court against the ap *283 pellants; and motion has been filed herein for judgment against the sureties on such supersedeas bona. By virtue of the provisions of chapter 249, Session Laws 1915, as construed in Long v. Lang, 49 Okla. 342, 152 Pac. 1078, the motion is sustained.

¶4 Judgment is therefore entered in this court against J. J. Gibson and H. H. Chaffin, as sureties, in the sum of $758.50, together with interest thereon at the rate of 6 per cent, per annum from the 21st day of July, 1915, until paid, and all costs of the action.

¶5 By the Court: It is so ordered.

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