512.080. Appeals to stay execution, when--bond.
Appeals to stay execution, when--bond.
512.080. 1. Appeals shall stay the execution in thefollowing cases:
(1) When the appellant shall be a personal representative,guardian, or conservator, and the action shall be by or againsthim as such, or when the appellant shall be a county, city, town,township, school district, or other municipality;
(2) When the appellant, at or prior to the time of filingnotice of appeal, presents to the court for its approval asupersedeas bond which shall have such surety or sureties as thecourt requires. The court may also at or prior to the time offiling notice of appeal, by order of record, fix the amount ofthe supersedeas bond and allow appellant reasonable time, notexceeding twenty days, from the date of the order to file thesame subject to the approval of the court or clerk, and suchappeal bond, approved by the court or clerk and filed within thetime specified in such order, shall have the effect to stay theexecution thereafter. If any execution shall have been takenprior to the filing of the bond as so approved by the court orclerk, the same shall be released.
2. The bond shall be conditioned for the satisfaction of thejudgment in full together with costs, interest, and damages fordelay, if for any reason the appeal is dismissed or if thejudgment is affirmed, and to satisfy in full such modification ofthe judgment and such costs, interest, and damages as theappellate court may adjudge and award. When the judgment is forthe recovery of money not otherwise secured, the amount of thebond shall be fixed at such sum as will cover the whole amount ofthe judgment remaining unsatisfied, costs on the appeal,interest, and damages for delay, unless the court after noticeand hearing and for good cause shown fixes a different amount ororders security other than the bond. When the judgmentdetermines the disposition of the property in controversy as inreal actions, replevin, and actions to foreclose mortgages, orwhen such property is in the custody of the sheriff, or when theproceeds of such property or a bond for its value is in thecustody or control of the court, the amount of the supersedeasbond shall be fixed at such sum only as will secure the amountrecovered for the use and detention of the property, the costs ofthe action, costs on appeal, interest, and damages for delay.The bond shall indicate the addresses of the sureties.
(L. 1943 p. 353 § 132, A.L. 1983 S.B. 44 & 45)