Western Air Line Construction Co. v. McGillis
Supreme Court of the United States
ORIGINAL MOTION IN A CAUSE BROUGHT HERE BY WRIT OF ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS.
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ORIGINAL MOTION IN A CAUSE BROUGHT HERE BY WRIT OF ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The defendants in error made the following motion: “ And now come the defendants in error in the above cause, by John S. Cooper, their attorney and counsel, and move the court to vacate the supersedeas in the above cause, or for an order declaring that the appeal bond filed by appellant in said cause does not operate as a supersedeas; because the writ of error was not sued out or served within sixty days after the rendering of the judgment entered and…
1Opinion of the Court
Mr. Justice Miller:
This is a motion to vacate what is called a supersedeas. The papers show that the writ ivas neither sued out or served within sixty days after the rendition of the judgment which is the subject of the writ of error: It follows as a matter of course that the writ cannot operate as a supersedeas, and we know of no motion that is necessary or proper in this court on that subject. Writs of supersedeas do not issue, unless it may become necessary from some peculiar circumstances. • The statute declares .that, when within sixty days, the plaintiff sues out his writ of error,…
2Cited by2 opinions
- Title Guaranty & Surety Co. v. United States Ex Rel. General Electric Co.Supreme Court of the United States · 1912
- Odbert v. MarquetCourt of Appeals for the Fourth Circuit · 1909