Supersedeas


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Supersedeas

The name given to a writ, a court order, from a higher court commanding a lower court to suspend a particular proceeding.

A supersedeas is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed. It is a process designed to stop enforcement of a trial court judgment brought up for review. The term is often used interchangeably with a stay of proceeding.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.

(See: appeal, court of appeals)

SUPERSEDEAS, practice, actions. The name of a writ containing a command to stay the proceedings at law.
     2. It is granted on good cause shown that the party ought not to proceed. F. N. B. 236. There are some writs which though they do not bear this name have the effect to supersede the proceedings, namely, a writ of error, when bail is entered, operates as a supersedeas, and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h.t.; Bac. Ab. h.t.; Com. Dig. h.t.; Yelv. R. 6, note.

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References in periodicals archive ?
(23) "The effect of perfecting a supersedeas is that it stays further proceedings, but does not interfere with what has already been done." (24)
1976) (defendant's motion for summary judgment was denied; judgment was entered for plaintiff at trial; defendant was required to file a supersedeas bond; and the case was then reversed on appeal) (overruled by Nelson v.
Discretionary Nature of Rule 62(d) Supersedeas Bond Requirement
4th DCA 1985), the Fourth District noted that the "guiding principle in setting a supersedeas bond is to protect the party in whose favor judgment was entered by assuring its payment in the event the judgment is affirmed on appeal." See also Mellon United Nat.
62(d) provides for a stay pending appeal upon the appellant's giving a supersedeas bond.
ABC appeals and posts a supersedeas bond to stay execution of the judgment.
If such judgment were rendered against the defendant, he may stay its execution by timely filing an appeal in accordance with the Rules of Court and filing a supersedeas bond to be executed in favor of the plaintiff.
(suretybondauthority.com) provides nationwide appeal and supersedeas surety Bonds.
THE Insurance Commission (IC) has authorized the release of the collateral security amounting to P650 million for the supersedeas bond posted by Philippine Airlines Inc.
The filing of the petition does not itself stay enforcement of the agency decision, but if the agency decision has the effect of suspending or revoking a license, supersedeas shall be granted as a matter of right upon such conditions as are reasonable, unless the court, upon petition of the agency, determines that a supersedeas would constitute a probable danger to the health, safety, or welfare of the state.
Unfortunately, the ministers could not afford to post a supersedeas bond and, for strategic reasons, the Times would not agree to let them subscribe to its bond.
Rather, courts generally require an appellant to execute a supersedeas bond or provide other security before granting a stay.