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PRESTON PRICE, SR. v. FIRST NATIONAL BANK OF THE SOUTH

NOVEMBER 06, 1985

PRESTON PRICE, SR.
v.
FIRST NATIONAL BANK OF THE SOUTH



EN BANC.

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

ON MOTION TO CORRECT JUDGMENT

The appellee, First National Bank of the South, has

 filed a motion to correct the judgment of this Court entered on September 4, 1985, so that, in addition to the judgment being rendered against Preston Price, Sr., the appellant, it also be entered against Fidelity and Deposit Company of Maryland, the surety on the appellant's supersedeas appeal bond.

 The statute applicable to this question is Mississippi Code Annotated 11-3-27 (1972), which provides:

 In case a bond has been given for a supersedeas, the judgment of the supreme court, on affirming the judgment or decree of the court below, or on a dismissal of the appeal by the appellant or the court, shall be for the money adjudged or decreed against appellant, and damages and costs, or for the specific property and damages and costs, or for the damages and costs, as the case may be, against all the obligors of the bond who may be living at that time, and execution may be issued thereon accordingly. If any of the obligors be dead, his representatives may be summoned to show cause why judgment should not be rendered against them on the bond; and if good cause be not shown to the contrary, judgment shall be entered against them in like manner as against the living obligors, and certified to the court below, and execution may be issued thereon.

 In Koehring Co. v. Hyde Construction Co., 182 So. 2d 580 (Miss. 1966), this Court considered the same question and stated:

 It is next contended by the appellee that the judgment of the Court should be amended to include the surety on appellant's supersedeas bond, the Fidelity and Deposit Company of Maryland. We agree that the judgment should be amended so as to include the judgment against the Fidelity and Deposit Company of Maryland, surety on appellant's supersedeas bond, so as to make appellant and the surety jointly liable for the judgment in favor of Hyde Construction Company against Koehring Company, Mississippi Code Ann. 1973 (1956).

 182 So. 2d at 581.

 Therefore, the judgment of this Court will be amended and provide that the judgment also be rendered against Fidelity and Deposit Company of Maryland, surety on appellant's supersedeas bond, in this cause.

 JUDGMENT AMENDED.

 PATTERSON, C.J., WALKER, P.J., HAWKINS, DAN LEE, PRATHER, ROBERTSON, SULLIVAN and ANDERSON, JJ., CONCUR.

19851106 ...


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