If the judgment appealed from direct the sale or delivery of possession of real property, the execution of the judgment shall not be stayed unless a written undertaking be executed on the part of the appellant, with two sureties, to the effect that during the possession of such property by the appellant he will not commit or suffer to be committed any waste thereon and that if the judgment be affirmed he will pay the value of the use and occupation of the property from the time of the execution of the undertaking until the delivery of possession thereof pursuant to the judgment, not exceeding a sum to be fixed by a judge of the court by which judgment was rendered and which shall be specified in the undertaking. When the judgment directs the sale of land to satisfy a mortgage thereon or other lien, the undertaking shall provide that in case the judgment appealed from be affirmed and the land be finally sold for less than the judgment debt and costs then the appellant shall pay for any waste committed or suffered to be committed on the land and shall pay a reasonable rental value for the use and occupation of the land from the time of the execution of the undertaking to the time of the sale, but not exceeding the amount of such deficiency, which sum shall be duly entered as a payment on the judgment; and in case the land shall be unimproved land, then in any action or proceedings now pending or hereafter begun in any of the courts of this State the undertaking shall further provide for the payment by appellant, if the judgment be affirmed, of any taxes due at the time of the appeal or already paid by the mortgagee, or becoming due during the pendency of the appeal, and also for the payment by appellant of the interest on the debt falling due during the pendency of such appeal.
HISTORY: 1962 Code Section 7-417; 1952 Code Section 7-417; 1942 Code Section 788; 1932 Code Section 788; Civ. P. '22 Section 653; Civ. P. '12 Section 391; Civ. P. '02 Section 352; 1870 (14) 363; 1898 (22) 689; 1900 (23) 351.
Structure South Carolina Code of Laws
Chapter 9 - Appeals To Supreme Court And Court Of Appeals
Section 18-9-10. When appeal may be taken.
Section 18-9-20. Review of convictions of capital offenses.
Section 18-9-30. Appeals in probate matters.
Section 18-9-40. Statement of questions of law and facts when questions certified.
Section 18-9-50. Practice and proceedings on appeal from courts of general sessions.
Section 18-9-140. New undertaking in case sureties have become insolvent.
Section 18-9-150. Deposit or surety when judgment requires delivery of documents or personalty.
Section 18-9-160. Staying judgment to execute conveyance.
Section 18-9-170. Staying judgment for sale or delivery of land.
Section 18-9-180. Stay of proceedings upon execution of bond or perfection of appeal.
Section 18-9-190. Dispensing with or limiting security required.
Section 18-9-200. Undertakings may be in one instrument or several; service on adverse party.
Section 18-9-210. Justification by sureties; subsequent justification on new sureties.
Section 18-9-220. When notice of appeal stays proceedings below.
Section 18-9-230. Undertaking must be filed.
Section 18-9-240. Security provisions apply to appeals in special proceedings.
Section 18-9-270. Judgment of Supreme Court or Court of Appeals.
Section 18-9-280. Written opinions required; memorandum opinions.