Hanna v. Pitman

Wilshire, 0. J.

Pitman, the defendant in error, pleaded in abatement of the writ of error: “ That, at the time of rendering final judgment in the court below, on the 11th day of May, 1867, the plaintiff in error prayed an appeal from said judgment to this court, which was granted by the court below; which appeal, by operation of law, became and was and is' a supersedeas upon the judgment, and which appeal remains undisposed of,” &e. The plaintiff in error replied to the plea in abatement, “that, although at the timo of rendering the final judgment, ho prayed an appeal, which was granted by the…