Supersedeas

That you stay or suspend. The emphatic word of a writ (anciently in Latin) commanding a stay of proceedings in a designated case. It is now oftenest applied to a proceeding which operates as a writ of supersedeas; as, a perfected appeal, writ of error, or writ of certiorari. Merely an auxiliary process designated to supersede the enforcement of the judgment of the court below brought up by writ of error for review.^ in the code of Kentucky, defined to be "a written order signed by the clerir, commanding the appellee and all others to stay proceedings on the judgment or order." It is a remedy for the unsuccessful litigant who. complains of errors committed to his prejudice by the court below. It stops all proceedings on the judgment until the appeal is disposed of.s An appeal allowed and security taken operate as a supersedeas. In the absence of fraud, the power of the lower court is exhausted; all control is transferred to the higher court.* It is a statutory remedy, obtained only by strict compliance with all required conditions.* No execution shall issue upon a judgment, where a writ of error may be a supersedeas, imtil the expiration of ten days after the judgment.* See Appeal, 8; Cektiobari; Error, 2 (3), Writ of.