Noah Haynes Swayne

“ What is clearly implied in a statute is as effectual as what is expressed. [4] It is expressly declared that the supersedeas bond may be executed within sixty days after the rendition of the judgment, and later, with the permission of the designated judge. It is not said when the writ of error shall be served. Its issuance must, of course, precede the execution of the bond; and, as the judge who signs the citation is still required to take the bond, we think it is sufficiently implied that it may be served at any time before, or simultaneously with, the filing of the bond. ”

“ Where the judgment or decree is for money, not otherwise secured, the bond 'must be for the whole amount of the judgment or decree, including just damages for delay and costs and interest on the appeal.' [1] And such bond must be approved and filed within the ten days prescribed for the service of the writ of error. ”

“ The application of the plaintiffs in error is founded upon this section. As we construe it, their case is within it. The order asked for will be directed to issue, unless this opinion shall render that procedure unnecessary. ”