Section 12-22-72

Affirmation of stayed judgment - Generally.

When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the obligors on the bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal of any judgment or decree entered or rendered for any amount of commissions, fees or compensation fixed or determined by the trial court and taxed or allowed as costs, if the appellate court affirms the judgment or decree of the court below and the payment thereof has been stayed on such appeal, judgment shall be entered by the appellate court against all or any of the obligors on the bond for the amount affirmed, and the costs of the appellate court; provided, however, that if no supersedeas bond has been executed on such appeal, the appellate court, in the event of affirmance, shall increase the amount so allowed as costs by the court below in the judgment or decree appealed from by adding thereto the costs of the appellate court.

(Code 1852, §§3032, 3033; Code 1867, §§3500, 3501; Code 1876, §§3941, 3942; Code 1886, §§3661, 3662; Code 1896, §478; Code 1907, §2893; Code 1923, §6153; Code 1940, T. 7, §814; Acts 1951, No. 724, p. 1275; Acts 1987, No. 87-188, p. 259,§1.)