Brockett

The petitioner is one of the attorneys of record for the appellant. He prays this court for a writ of supersedeas staying execution of the judgment of the trial court pending his appeal thereon.

On December 28, 1965, the trial court made its decision and signed a judgment on a third party claim of the respondent. It was filed at 11 a.m. on that day; on December 29th at approximately 4 p.m. it was entered and recorded in the Judgment Book.

The judgment provided that the subject of the third party’s claim, a Beechcraft airplane, was found to be the property of the respondent, subject to an interest of the defendant, R. W. Akers, in the sum of $1,863.85; it ordered the constable to release the airplane on payment of said sum or the posting of a surety bond approved by the court.

At approximately 2 p.m. on December 28th the third party claimant served a copy of said judgment on the constable, tendered to him that sum, and demanded release of the airplane. The constable executed a receipt for said sum and the airplane was removed by the third party claimant. After the time of the payment of the above sum and removal of the airplane the trial court on December 29th issued an order…