In an action arising on contract for the payment of money only, notwithstanding the execution of an undertaking to stay proceedings, if the defendant in error or appellee give adequate security to make restitution in case the judgment is reversed or modified, he may upon leave obtained from the court below, or a judge thereof in vacation, proceed to enforce the judgment. Such security must be an undertaking executed to the plaintiff in error by at least two sufficient sureties, to the effect that if the judgment be reversed or modified, he will make full restitution to the plaintiff in error or appellee of the money by him received under the judgment.

Source

  • R.S.1867, Code § 591, p. 498;
  • R.S.1913, § 8206;
  • C.S.1922, § 9159;
  • C.S.1929, § 20-1934;
  • R.S.1943, § 25-1934.

Terms Used In Nebraska Statutes 25-1934

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.