[DOWNLOAD] "Whitcomb v. Beyerlein" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Whitcomb v. Beyerlein
- Author : Supreme Court of Montana
- Release Date : January 15, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Real Property ? Delivery of Possession ? Stay of Execution ? Supersedeas Bond ? Insufficiency of Affidavit ? Appeal and Error. Appeal ? Judgment Directing Delivery of Possession of Real Property ? Stay of Execution ? Supersedeas Bond ? Affidavit ? Insufficiency. 1. The affidavit required by sections 9825 and 9827 of the Revised Codes of 1921 to accompany an undertaking must comply substantially with the statutory provisions; hence where the affidavit attached to a supersedeas bond, given to stay the execution of a judgment directing the delivery of possession of real property pending appeal, did not contain a statement that the sureties were householders or freeholders within the state, as required by section 9738, the trial court properly refused to recall a writ of execution theretofore issued, or stay execution pending appeal, where for fifteen days after notice of exception to the sufficiency of the sureties and to the form of the bond, no amended or new bond was filed, and the sureties failed to justify. Same ? Supersedeas Bond ? Sureties ? Exception to Sufficiency Questions Solvency of Sureties. 2. Exception to the sufficiency of sureties on an undertaking or bond within the meaning of section 9741, Revised Codes 1921, has reference to their solvency or pecuniary sufficiency, rather than their qualifications to act as such; and objection to the form of the undertaking challenges their qualifications in respects other than their financial worth. Same ? If Conclusion of Trial Court Correct, Reasons Therefore Immaterial. 3. Where the conclusion of the trial court was correct, it is immaterial on appeal what reasons were assigned for it.
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