Mason v. Germaine
Montana Supreme Court
The facts appear in the opinion of the court. Shober & Lowry, W. F. Sanders and Chumasero & Chadwick; for motion for a remittitur.
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The facts appear in the opinion of the court. Shober & Lowry, W. F. Sanders and Chumasero & Chadwick; for motion for a remittitur. The bond required by the last clause of the judiciary act must be sufficient to secure the whole judgment in case it should be affirmed, if the writ of error operates as a supersedeas. 1 U. S. Stats, at Large, 84, 404; Catlett v. Brodie, 9 Wheat. 553 ; Stafford v. Union Bank of Louisiana, 16 How. 135. No bond has been given in this case to secure any part of the judgment, if it is affirmed. The writ of error does not operate as a supersedeas; and the remittitur…
1Opinion of the CourtSymes, J.
This case came up on appeal, and the judgment below was affirmed at the August term of this court, and an appeal was taken to the supreme court of the United States. A motion is now made for a remittitur to the court below, to execute the judgment, on the ground that the bond, on appeal from this court, is not sufficient to stay the execution of the judgment. The case is one brought under the mechanics’ lien law, to enforce liens to the amount of about $20,000, for the construction of a large brick hotel, and the bond given to supersede the execution of the judgment, during the pendency of…
2Cases cited2 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Stafford v. the Union Bank of LouisianaSupreme Court of the United States · 1854
3Cited by1 opinion
- Transamerica Ins. Co. v. Glacier GeMontana Supreme Court · 1974