Opinion
No. 33662.
February 13, 1939.
1. APPEAL AND ERROR.
Appellants' motion to strike from record certificates and affidavits that were not introduced in evidence in trial court was sustained, but overruled as regards their use in Supreme Court on appellee's motion for an additional supersedeas bond.
2. APPEAL AND ERROR.
Appellee's motion that appellants be required to give an additional supersedeas bond was sustained in an order fixing terms of bond and providing that, if not filed and approved within ten days from date of order, supersedeas was thereby discharged.
APPEAL from the chancery court of Lawrence county.
John G. Burkett, of Jackson, and Sullivan Sullivan, of Hattiesburg, for appellants.
Greek L. Rice, Attorney-General, by W.W. Pierce and E.R. Holmes, Jr., Assistant Attorneys-General, Hall Hall, of Columbia, and E.B. Patterson, of Monticello, for appellee.
Appellants' motion to strike the certificates and affidavits from the record, that were not introduced in evidence on the trial court below, is sustained, but is overruled so far as their use in this court is concerned on appellee's motion for an additional supersedeas bond.
Appellee's motion that appellants be required to give an additional supersedeas bond is sustained, and the penalty of such bond is hereby fixed at the sum of $50,000, payable and conditioned according to law, the surety to be some surety company authorized to do business in this state, such bond to be given and approved by the clerk of this court within ten days from the date of this order, and, if not given and approved within that time, the supersedeas is hereby discharged.