Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-27
SUPREME COURT OPINION.
KNOXVILLE, TENNESSEE, SEPTEMBER TERN, 1867.
sHARp Er al. Is. PICkINs.

SHARP II ALL flOhi3sc-
This is an action Of brought BY PeEps against
was FeIulet and Judgment for the pain, nom "nen
The appellants gave with security for the appeal The
judgment as to sharp mas been affirmed by this Court and
appeal s162 of the Code provides that in actions
ed upon bonds c the bend Tor an appeal shall be for the
payment OF the whole debt damages aud costs aud for the
satisfaction Of the judgment of the Superior Court.
SIC provides that in all other of appeal suits
at law the bond shall for damages and costs only,
eest shall be recovered at the rate Of six per cent per
mum.
This case belongs that of referred to in the
latter section in which the planti in entitled to
bis appeal giving bond with security for the payment OF
damages and costs only according 70 ne
has been given this section by the profession generally upon
Court, the defendant in entitled to JUDGMENT
against the surety the appeal bond only the amount Of
the interest which has accrued upon the Judgment below at
the rate of six cent and the costs Of tbs
peal. Csruthers' law suit, 40.
We think the correctness of this structiOn at first
well have been Questioned but inasmuch as has been &C
not feel willing authorized declare different
In this the Judgment Of the Circuit Court is in the sum
of fifteen hundred dollars The appeal bond for the of
three thousand dollars the amount the Judgment
and the condition of the bond is that the plaintiffs in
shall well and truly prosecute their appeal with effect in
they fail to dc shall pay and satisfy such judgment
be awarded against them by this Court The terms and
surees liable for the whole amount of the Judgment upon
its armsnce by this Court provided it had been taken in
compliance with law.
In the of the bank Mcdowell administrator, which
P ag i an sainstrator before justice q ine
face IN winch judgment was rendered against the adna-
raor from which he appealed to the Circuit Court where
tor to be levied of the goods Of the ntesae &C. and also
upon Notion against the surety in the appeal bond for the
amount OF the Judgment and COSTS for which execution
was awarded The condition of the appeal bond that
the appellant sha comply with and perform the judgment
OF said Court and the question in this Court whether
the judgment against the surety correct.
This Court held that in much administrator
not requredo give security for the debt appeal
aud the bond should have been for damages only
therefore the judgment against the he debt
erroneous but the authority of the of Polk
Plummer, I'd Hum. 500 it holden the illegal proyOnor
condition Of the bond would be rejected bond held
good for costs and damages LIST Cold. SIS.
In the of Terry Stokey pronounced
Diminishing the bill Complainant appealed to this Court
The appeal bond for the performance decree of
the Supreme Court The suretes paid the appeal
and refused to pay the costs of the Chancery
Court 1t holden that the surety liable for the
costs OocasOned by the appeal notwithstanding the terms of
the bond and that other costs could lawfully covered by
the bond Sd YER So of the opinion that only the
costs and damages incident to the appeal this ons
rute the only legal liability of the the appeal and
the bond cannot lawfully either the Of the Circuit
Court the judgment of that Court Judgment will be
tered against the plaintiff in error Sharp the Judgment
Of the Circuit Court with the Also,
against Sharp and the surety for the appeal the damages
in consequence Of the appeal which Interest
the Circuit Court from the date rendition to this time,
together with the costs of the appeal.
true copy. HAWKINS,
Test Judge &c.
NJ. L. PATTERSON, Clerk.