(a) To entitle any person to a stay of execution, some responsible person, to be approved by the justice of the peace, who is not a party to the judgment, must enter into an obligation before the justice of the peace to the adverse party, in a sum sufficient to secure the payment of the judgment, conditioned that the obligation shall be void on payment of the judgment at the expiration of the stay.
(b) The obligation must be signed by the party entering into it, must be attested by the justice of the peace before whom it may be taken, and shall have the same force and effect as a judgment rendered by a justice of the peace.
(c) The bond may be in the following form:
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(d) The justice shall file the obligation among the papers in the case and make a note in his docket of the day and date thereof.
(e) The stay of execution in all sums under the jurisdiction of the court shall be for six (6) months from the rendition of the judgment.
Section: Previous 16-19-902 16-19-903 16-19-904 16-19-905 16-19-906 16-19-907 16-19-908 16-19-909 NextLast modified: November 15, 2016