Morrison Waite

“ The appeal of Wayne County was from a decree which subjected its lands to the payment of the debt of the railroad company. By taking the appeal no new obligations were assumed in respect to the debt. Clearly, then, the damages which the county and its sureties bound themselves to answer must have been such only as followed from the delay in the sale of the property. That does not necessarily imply an obligation to pay the balance which remains of the mortgage debt after the entire proceeds of the lands have been applied to its satisfaction. ”

“ As a case cannot be submitted to the court for trial without waiving a jury, a stipulation to submit, especially if it be on agreed facts, is of itself a sufficient waiver to meet the requirements of sect. ”

“ Sect. 1000 of the Revised Statutes provides that when an appeal 'is a supersedeas and stays execution,' the security must be that the appellant 'shall prosecute his appeal to effect, and, if he fails to make his plea good, shall answer all damages and costs.' In regulating the practice under this statute, we, by our Rule 29, provide that in suits on mortgages 'indemnity . ”