Green v. Van Buskerk
Supreme Court of the United States
This was a motion made by Mr. A. J. Parker, in behalf of Green, plaintiff' in error, for a supersedeas to stay execution upon a judgment of the Supreme Court of the State of New York.
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This was a motion made by Mr. A. J. Parker, in behalf of Green, plaintiff' in error, for a supersedeas to stay execution upon a judgment of the Supreme Court of the State of New York. It appeared that a judgment was entered by the Supreme Court in favor of Yan Buskerk, the defendant in error here, which was affirmed in the Court of Appeals, the highest court of law and equity of the State of New York, on the 22d of December, 1865. Upon this affirmance the record was sent to the Supreme Court, with an order directing that court to enter judgment accordingly. In pursuance of this order,…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We have already held, at . this term, in a case from Massachusetts, * that when the Supreme Court renders final judgment, and sends the judgment to a court below for execution, and with the judgment the record, a writ of error to review the judgment may be issued to the latter court.
In that case, it is true, no question was made in respect to the operation of the writ as a supersedeas; but we think that the true construction' of the act of Congress requires us to hold that a judgment cannot be regarded as final, in the sense of the act,…
2Cited by12 opinions
- Department of Banking of Neb. v. PinkSupreme Court of the United States · 1942
- Crooker v. KnudsenCourt of Appeals for the Ninth Circuit · 1916
- Kentucky v. PowersU.S. Circuit Court for the District of Kentucky · 1905
- Wright v. Taft-Peirce Mfg. Co.Court of Appeals for the First Circuit · 1923
- Bruce v. AckroydSupreme Court of Connecticut · 1920
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