supersedeas


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su·per·se·de·as

 (so͞o′pər-sē′dē-əs)
n.
A writ that suspends the power of a lower court to issue an execution on a judgment where an appeal to a higher court has been taken.

[Middle English, from Medieval Latin supersedeās, you must desist (from the writ), from Latin, second person sing. present subjunctive of supersedēre, to desist from; see supersede.]

supersedeas

(ˌsuːpəˈsiːdɪæs)
n
(Law) law a summons to halt legal proceedings or to suspend an officer's powers

su•per•se•de•as

(ˌsu pərˈsi di əs, -ˌæs)

n., pl. -de•as.
a writ ordering the stoppage or suspension of a judicial proceeding.
[1390–1440; < Latin: you shall desist, 2nd singular present subjunctive of supersedēre]
References in periodicals archive ?
Ed and his co-defendants admit that they posted the supersedeas bond beyond the period to perfect an appeal, but claimed that it was the MTCC, which belatedly fixed the amount.
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.
4th DCA 1985), the Fourth District affirmed a trial court's ruling reducing the prevailing party's recovery of supersedeas bond premiums.
Rather, courts generally require an appellant to execute a supersedeas bond or provide other security before granting a stay.
In addition, Sterling "has failed to show that the balancing of the relative harms favors granting a temporary stay or supersedeas," the court added in the ruling.
It seems that Cheshire and Durham were requested to levy a poll tax in 1379, but "a writ of supersedeas cancelled the order to Chester" before "the palatinate's immunity from parliamentary taxation was confirmed by the crown in 1381" (Fenwick 1981: xxi).
At least in simple cases with private parties on both sides, ensuring compensation could be as simple as adapting familiar procedural tools like stays of judgment and supersedeas bonds.
The company said that this payment is the full amount of the supersedeas bonds posted by Biamp with the Utah Court, following ClearOne's jury verdict against Biamp in November 2008.
The Court of Appeals will next consider the Petition for Writ of Supersedeas, also filed Tuesday, in determining whether to grant an additional stay -- which would last for the duration of the appeals process.
32) This bond for appellate costs differs from a supersedeas bond that may also be required in order for an underlying judgment to be stayed.
State Farm refuse to cover the excess liability, instructed the Campbells to prepare to sell their assets to cover the judgment, and declined to post a supersedeas bond permitting Campbell to appeal the judgment against him, forcing Campbell to hire his own lawyer to pursue the appeal.