Sheerer v. Grier

The opinion of the Court was accordingly expressed at a subsequent day by

Gibson, C. J.

A writ of error is a supersedeas of execution, I believe, at the common law; but its operation per se is restrained by the 3 Jac. 1, c. 8; 13 Car. 2, st. 2, e. 2, and 16 and 17 Car. 2, c. 8, which require bail in error to be superadded to prevent execution, in most cases, without an application to the Court. These statutes are in force here; and indeed, all our law on the subject, whether statutory or customary, is identical with the English law, as it stood at the declaration of our independence, except the…