supersedeas การใช้
- A writ of supersedeas orders a halt to legal proceedings that would otherwise proceed.
- Second, that the subject of the injunction was a supersedeas bond makes the injunction suspect.
- Examples of judicial bonds include appeal bonds, supersedeas bonds, guardian, and trustee bonds.
- Moreover, Celotex's attempts to set aside the Edwards'supersedeas bond are patently meritless.
- "The petition for a writ of supersedeas is denied, " the court ordered.
- The dissent agrees that respondents'proceeding to execute on the supersedeas bond is " related to"
- The supersedeas bond filed in the Edwards'case, however, evidences an independent obligation on the part of Northbrook.
- A supersedeas bond may be viewed as putting the integrity of the Court in which it is lodged on the line.
- Judge Adams indicated that he would accept a supersedeas bond of $ 5, 000, and Burton was not sentenced.
- He also attended the Merciless Parliament on 3 February 1388 where he received a writ of supersedeas omnino noted above.
- Sandia National Laboratories posted a $ 5.8 million supersedeas bond to prevent Carpenter from seizing Sandia assets during the appeals process.
- It is undisputedthat, when the Edwards'judgment was affirmed, any property interest that Celotex retained in the supersedeas bond was extinguished.
- Respondents acknowledge that the Bankruptcy Court's Section 105 Injunction prohibited them from attempting to execute against Northbrook on the supersedeas bond posted by Celotex.
- The opinion recognized that that rationale did not cover supersedeas bonds posted in litigation with judgment creditors, such as the Edwards, whose appellate process was complete.
- The very purpose of a supersedeas bond is to protect judgment creditors from the risk that insolvency of the debtor may impair their ability to enforce the judgment promptly.
- For that reason, in my opinion, questions relating to the enforceability of a supersedeas bond should generally be answered in the forum in which the bond is posted.
- To stay the judgment pending appeal, Celotex arranged for Northbrook Property and Casualty Insurance Company ( Northbrook ) to post a supersedeas bond to cover the full amount of the judgment.
- Several weeks later on June 13, 1991 the Bankruptcy Court entered a new three-paragraph order enjoining all of Celotex's judgment creditors from collecting on their supersedeas bonds.
- Accordingly, Celotex filed an adversary proceeding against respondents, 227 other similarly situated bonded judgment creditors in over 100 cases, and the sureties on the supersedeas bonds, including Northbrook.
- Similarly, the fact that the Edwards'judgment included punitive as well as compensatory damages does not provide even an arguable basis for reducing Northbrook's obligations under the supersedeas bond.
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