LEGAL PRINCIPLE: APPELLATE PRACTICE — Stay of Execution — Court Does Not Deprive Successful Litigant of Fruits of Judgment
PRINCIPLE STATEMENT
The law that the court does not make a practice of depriving a successful litigant of the fruits of his litigation, and locking up funds to which he is prima facie entitled, is still apt.
RATIO DECIDENDI (SOURCE)
"The law that the court does not make a practice of depriving a successful litigant of the fruits of his litigation, and locking up funds to which he is prima facie entitled is still apt here."
EXPLANATION / SCOPE
A successful litigant is prima facie entitled to the fruits of judgment. Courts do not make it a practice to deprive them of that entitlement. The principle reflects that judgments are presumed correct. The successful party should not be delayed in enjoying the benefits of the litigation. The court will not lock up funds to which the judgment creditor is entitled. The rule creates a strong presumption against granting a stay. The applicant must overcome this presumption by showing special circumstances. The principle protects the judgment creditor’s interest. The court balances this against the appellant’s right to appeal. The presumption is not absolute; it can be rebutted by compelling circumstances. The rule promotes respect for judgments.
