On all judgments for the recovery of money, except those rendered on any appeal or writ of error, or in favor of a laborer or mechanic for wages, or against one who is surety in the stay of execution, or against any officer, person, or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution, if the defendant therein shall, within ten days from the entry of judgment, procure one or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs from the time of rendering judgment until paid, as follows:
1. If the sum for which judgment was rendered, inclusive of costs, does not exceed one hundred dollars, three months.
2. If such sum and costs exceed one hundred dollars, six months. [R60, §3293; C73, §3061; C97, §3996; C24, 27, 31, 35, 39, §11706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.58] \n
Notes of Decisions
Cited in
5
cases, 1993–2008 · leading case:
McGough v. Gabus, 526 N.W.2d 328 (Iowa 1995).
McGough v. Gabus, 526 N.W.2d 328 (Iowa 1995).
· cites it 6× “We have held that a general stay under what is now Iowa Code section 626.58 waives the right of appeal, Seacrest v.”
Netteland v. Farm Bureau Life Ins. Co., 510 N.W.2d 162 (Iowa Ct. App. 1993).
· cites it 4× “Dorr , the Iowa Supreme Court recognized three types of stays of execution: [F]irst, those which are ordered by the court in which the judgment was rendered, but not as the result of any appellate proceedings, and which proceed upon the ground that, for some cause, the execution…”
Grinnell Coll. v. Osborn, 751 N.W.2d 396 (Iowa 2008).
· cites it 2× “Iowa Code section 626.58 also provides for a temporary stay of execution on any judgment for any party who can “procure one or more sufficient freehold sureties to enter a bond.”
Chrysler Credit Corp. v. Rosenberger, 512 N.W.2d 303 (Iowa 1994).
· cites it 2× “Iowa Code section 626.58 provides that a stay of execution on a money judgment “may” be granted under certain cir *305 cumstances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.