Gordon v. Third Nat. Bank of Chattanooga
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by the Third National Bank of Chattanooga against E. C. Gordon and others. Judgment for plaintiff was affirmed in the supreme court of the United States on writ of error, (12 Sup. Ct.
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In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by the Third National Bank of Chattanooga against E. C. Gordon and others. Judgment for plaintiff was affirmed in the supreme court of the United States on writ of error, (12 Sup. Ct. Eep. 657, 144 U. S. 97;) and, upon filing the mandate in the circuit court, plaintiff moved for summary judgment against defendant and Milton Humes and C. C. Harris, sureties on the super-sedeas bond. This motion wars granted, (53 Fed. Rep.- 471,) and,, from the judgment so entered, the sureties bring error.
1Opinion of the Court
McCORMICK, Circuit Judge.
September 19, 1892, the defendant in error filed in the office of the clerk of the United States circuit court for the northern district of Alabama its motion as follows:
“Comes tlie Third National Bank of Chattanooga, the plaintiff in the above-entitled cause, and shows to this honorable court that E. C. Gordon, the de-*791fondant, prayed and obtained a writ of error from the judgment and proceedings luid in lilis court touching said causo to (lie lionomblo supreme court oí' ilie United States, all of which fully appears from tlie records of this court; ¡hat the…
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