Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 39.--APPEALS
61-3905.Stay of proceedings on appeal;bond.(a) Wheneveran appellant entitledthereto desires a stayon appeal from an action pursuant to the code of civil procedure for limitedactions, such appellant may presentto the judgefrom which the appeal is taken, for the judge's approval, a supersedeas bondwhich shall havesuch surety or sureties as the judge requires. The bond may be given at orafter the time offiling the notice of appeal, and the stay is effective when the supersedeasbond is approved bythe judge. Such bond shall be conditioned for the satisfaction of the judgmentin full togetherwith costs, interest and damages for delay, if for any reason the appeal isdismissed, or if thejudgment is affirmed; and to satisfy in full any modification of the judgmentand such costs,interests and damages as the appellate court may adjudge and award.
(b) When the judgment is for the recovery of money not otherwise secured, theamount ofthe bond shall be fixed at such sum as will cover the whole amount of thejudgment remainingunsatisfied, costs on the appeal, interest and damages for delay, unless thecourt after noticeand hearing and for good cause shown fixes a different amount or orderssecurity other thanthe bond. When the judgment determines the disposition of the property incontroversy as inreplevin, or when such property is in the custody of the sheriff or when theproceeds of suchproperty or a bond for its value is in the custody or control of the court, theamount of thesupersedeas bond shall be fixed after notice and hearing at such sum only aswill secure theamount recovered for the use and detention of the property, the costs of theaction, costs onappeal, interest and damages for delay. When an order is made discharging,vacating ormodifying a provisional remedy, a party aggrieved thereby shall be entitled,upon applicationto the judge, to have the operation of such order suspended for a period of notto exceed10 days on condition that, within the period of 10 days, such party shall filenotice of appeal and obtain the approval of such supersedeas bond as isrequired under thissection.
(c) In lieu of a supersedeas bond, the court may condition a stay ofproceedings pendingappeal upon the timely payment into court of the periodic rent otherwise duefrom thedefendant to the plaintiff under the rental agreement pertaining to the realproperty in issue.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 39.--APPEALS
61-3905.Stay of proceedings on appeal;bond.(a) Wheneveran appellant entitledthereto desires a stayon appeal from an action pursuant to the code of civil procedure for limitedactions, such appellant may presentto the judgefrom which the appeal is taken, for the judge's approval, a supersedeas bondwhich shall havesuch surety or sureties as the judge requires. The bond may be given at orafter the time offiling the notice of appeal, and the stay is effective when the supersedeasbond is approved bythe judge. Such bond shall be conditioned for the satisfaction of the judgmentin full togetherwith costs, interest and damages for delay, if for any reason the appeal isdismissed, or if thejudgment is affirmed; and to satisfy in full any modification of the judgmentand such costs,interests and damages as the appellate court may adjudge and award.
(b) When the judgment is for the recovery of money not otherwise secured, theamount ofthe bond shall be fixed at such sum as will cover the whole amount of thejudgment remainingunsatisfied, costs on the appeal, interest and damages for delay, unless thecourt after noticeand hearing and for good cause shown fixes a different amount or orderssecurity other thanthe bond. When the judgment determines the disposition of the property incontroversy as inreplevin, or when such property is in the custody of the sheriff or when theproceeds of suchproperty or a bond for its value is in the custody or control of the court, theamount of thesupersedeas bond shall be fixed after notice and hearing at such sum only aswill secure theamount recovered for the use and detention of the property, the costs of theaction, costs onappeal, interest and damages for delay. When an order is made discharging,vacating ormodifying a provisional remedy, a party aggrieved thereby shall be entitled,upon applicationto the judge, to have the operation of such order suspended for a period of notto exceed10 days on condition that, within the period of 10 days, such party shall filenotice of appeal and obtain the approval of such supersedeas bond as isrequired under thissection.
(c) In lieu of a supersedeas bond, the court may condition a stay ofproceedings pendingappeal upon the timely payment into court of the periodic rent otherwise duefrom thedefendant to the plaintiff under the rental agreement pertaining to the realproperty in issue.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 39.--APPEALS
61-3905.Stay of proceedings on appeal;bond.(a) Wheneveran appellant entitledthereto desires a stayon appeal from an action pursuant to the code of civil procedure for limitedactions, such appellant may presentto the judgefrom which the appeal is taken, for the judge's approval, a supersedeas bondwhich shall havesuch surety or sureties as the judge requires. The bond may be given at orafter the time offiling the notice of appeal, and the stay is effective when the supersedeasbond is approved bythe judge. Such bond shall be conditioned for the satisfaction of the judgmentin full togetherwith costs, interest and damages for delay, if for any reason the appeal isdismissed, or if thejudgment is affirmed; and to satisfy in full any modification of the judgmentand such costs,interests and damages as the appellate court may adjudge and award.
(b) When the judgment is for the recovery of money not otherwise secured, theamount ofthe bond shall be fixed at such sum as will cover the whole amount of thejudgment remainingunsatisfied, costs on the appeal, interest and damages for delay, unless thecourt after noticeand hearing and for good cause shown fixes a different amount or orderssecurity other thanthe bond. When the judgment determines the disposition of the property incontroversy as inreplevin, or when such property is in the custody of the sheriff or when theproceeds of suchproperty or a bond for its value is in the custody or control of the court, theamount of thesupersedeas bond shall be fixed after notice and hearing at such sum only aswill secure theamount recovered for the use and detention of the property, the costs of theaction, costs onappeal, interest and damages for delay. When an order is made discharging,vacating ormodifying a provisional remedy, a party aggrieved thereby shall be entitled,upon applicationto the judge, to have the operation of such order suspended for a period of notto exceed10 days on condition that, within the period of 10 days, such party shall filenotice of appeal and obtain the approval of such supersedeas bond as isrequired under thissection.
(c) In lieu of a supersedeas bond, the court may condition a stay ofproceedings pendingappeal upon the timely payment into court of the periodic rent otherwise duefrom thedefendant to the plaintiff under the rental agreement pertaining to the realproperty in issue.
