11-3-33 - Bond may be excepted to.
§ 11-3-33. Bond may be excepted to.
The sufficiency of a bond in any respect as a security may be excepted to before the Supreme Court, or a judge thereof in vacation, on five (5) days' notice to the opposite party and, if the exception be sustained and the security be not immediately perfected, the appeal shall cease to operate as a supersedeas, and the supersedeas shall be discharged by order of the court or judge, and execution may be issued on the judgment or decree appealed from; and the Supreme Court may give judgment on the bond as in other cases, as if the supersedeas had not been discharged. If necessary, a new execution may be issued on the judgment, although one may have been issued on the discharge of the supersedeas.
Sources: Codes, Hutchinson's 1848, ch. 63, class 4, art. 7 (2); 1857, ch. 63, art. 10; 1871, § 412; 1880, § 1428; 1892, § 4365; 1906, § 4931; Hemingway's 1917, § 3207; 1930, § 3392; 1942, § 1976; Laws, 1978, ch. 335, § 4, eff from and after July 1, 1978.