Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-20

ReS WHICH Ino Opposite party may nave
sustained by not doing the particular thing
or act directed to be lone by the Judgment
appealed from, and to such further effect
as such court or judge shall, in discretion,
direct.
SEC. Is. APPEALS EOM INTERMEDIATE
ORDERS. When the appeal is from an Or
der the execution or performance thereof
shall not be delayed, except upon compli-
ance, as the court or presiding judge there
of shall direct, and when so required, an
undertaking shall be executed IN the part
OF the appellant, by at least two sureties in
such sums n to such effect as the court
or presiding judge thereof shall direct;
with the nature of the order appealed
from, corresponding to the foregoing pro.
visions in respect to appeals from judy
ments, where applicable, and such provi-
sion shall be made in all cases as shall
properly protect the respondent, and no
Judgment shall stay proceedings, unless
the court or presiding judge thereof shall.
in his discretion. SO specially order.
Sec. Is. UNDERTAKING OF APPEL
anti When a party shall give immedi-
ate notice OF appeal from an order vacat-
ing or modifying a writ of attachment, or
from all order denying, disSOlving or mOdi-
flying an injunction, he may within SIX
days thereafter serve an undertaking exc
cuted on his part by at least two sureties,
in such sum as the court or presiding
Judge thereof shall direct, to the effect that
il the order appealed from or any part
thereof be affirmed the appellant will pay
all costs n damages which may be
awarded against him on appeal, and all
which the adverse party may sustain by
reason of the continuance of the attach
ment, or the granting or continuance of
the injunction, as the case may be-. Upon
the giving of such undertaking such court
| nr IuHra ShoIt nrlnr fl,A nttooIron, - 81,
continued, and in his discretion, may
order the injunction asked to be allowed,
or that before granted to be continued
until the decision OF the appeal, unless the
respondent shall, at any time pending the
appeal, give an undertaking, with sufici-
ent surety in a sum to be fixed by the court
or presiding judge, to abide and perform
any final judgment that shall be rendered
in favor OF the appellant in the action, but
may at any time subsequently vacate such
order if the appeal be not diligently prose.
cuted.
SEC. II. UNDERTAKING, WHEN NOT
NECESSARILY When the state or any state
capacity, or any municipal corporation
within the state Shall take ar appeal, ser.
vice of the notice of appeal shall perfect
the appeal and stay the execution or per-
Torrance Of the judgment or order ap-
pealed from, and no undertaking need be
| SlNCHs UuO ClC SuplChlc CUuIG Iudy OIL
motion require suretieS to be given, in such
form and manner as it shall in its discre-
ton prescribe, as a condition of the further
prosecution of the appeal.
E Is. WHEN SURETY BECOMES IN
SOLVENT The supreme court, upon
satisfactory proof that any of the %sureties
to an undertaking given under this act
has become insolvent, or that his circum.
stances have become so precariouS that
there is reason to apprehend that the
undertaking is insufficient security, may
in its discretion require the appellant to
file and serve a new undertaking, with
such suretieS and in such time as shall be
prescribed, and that IN default thereof the
appeal shall be dismissed or the stay of
proceedings vacated, and the execution or
performance of the judgment or order be
allowed to be enforced without further
delay.
SEC. ~. UNDERTAKINGS Ia BE IN
ONE INSTRUMENT-REFUSA OF JUDGE TO
sTAY:] The undertakings required by this
p~ellant; the original must be filed
with a notice of the appeal, and acopy
showing the residence of the Sureties must
be served with notice of appeal. When the
sum or, effect OF any Undertaking is re-
CURED under the foregoing provisions to
be fixed by the court or judge, at least
twenty, four hours notice Of the application
therefor shall be given the adverse party.
When the court, or the judge thereof. from
which the appeal is taken. or desired to be
taken, Shall neglect or refuse to make any
order or direction not wholly discretiona-
ry, necessary to enable the appellant to
preme court, or one of the justices thereof,
shall make such order or direction.
SEC. 20. SURET1Es MUST J]Usr1FY.1 An
Undertaking upon an appeal shall be- of no
effect unless it be accompanied by the atfi-
davlt of the suretieS, in which each surety
shall state that he is worth a certain sum
mentioned in such affidavit. over and above
al! ms DEBTS and Liabilities, in property
within this state not by law exempt from
execution, and which sum so sworn to by
such sureties shall, in the aggregate, be
double the amount specified in said under
taking. The respondent may, however,
except to the sufficiency Of the sureties
within ten days after such notice of the
appeal, and unless they or other sureties
on arrest within ten days thereafter, the
appeal shall be regarded as if no under
taking had been given. The justification
shall be upon q notice Of not less than five
days.
SEC. 81. EFFECT OF PERFECTED APP
PEAL-sALE OF PERIsHABLE PROPERTY.1
whenever an appeal shall have been per.
A>Socu "Au AS PtOpCA utlu UdhllH RlVcIl,
or other act done, prescribed by this act to
stay the execution or performance of the
Judgment or order appealed from all further
proceedings thereon shall be thereby stayed
accordingly. except that the court below
may proceed upon any other matter in
Guided in the action, 10 affected by the
judgment or order appealed from, and ex-
cept that the court or presiding judge
thereof may order perishable property,
held under the judgment or order appealed
from, to be sold, and the proceeds paid into
the court to abide the event.
Sec. az. REFERENCE TO
DAMAGES, WHkN-BREACH OF UNDERTAKE.
ING. When the amour of damages to be
paid by the appellant or lon] affirmance of
the Judgment or order appealed from, pur-
sualt to an undertaking, is not fixed by
the judgment or decision of the supreme
court on appeal. the district court may,
after the remittitur of the record from the
supreme court is filed, order a reference to
ascertain such damages, the expense of
which shall be included and recoverable
with such damages. In all cases of neg
lect for the space of thirty days after the
afirmaDce on appeal of a Judgment
directing. the payment of money, to
pay. the amount directed to be
paid on such afirmance, shall
be deemed a breech of the undertaking