New England R. v. Hyde
Court of Appeals for the First Circuit
In Error to the 'Circuit Court of the United States for the District of Massachusetts. Petition by the Xew England Kailroad Company for a writ of mandamus to the United States circuit court, and motion for a supersedeas by the ISTew England Kailroad Company, defendant in an action brought against it by Kuth E. Hyde, by her next friend, in which judgment has been entered.
1Opinion of the Court
BROWN, District Judge.
The motion of the plaintiff in error to this court in No. 323, for a supersedeas, and its petition in No. 322, for a mandamus to the circuit court to compel the granting of supersedeas, may be considered together.
The writ of error was not allowed or served within 60 days after the entry of judgment in the circuit court. It did not, therefore, operate as a supersedeas, since there was a failure to comply with the provisions of section 1007 of the Revised Statutes of the United States. Though a bond was filed within 60 days after judgment, it was not presented for…
2Cases cited16 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Hudson v. ParkerSupreme Court of the United States · 1895
- In Re ClaasenSupreme Court of the United States · 1891
- United States v. CurrySupreme Court of the United States · 1848
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
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3Cited by8 opinions
- Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Odbert v. MarquetCourt of Appeals for the Fourth Circuit · 1909
- Gonzalez v. ValdesDistrict Court, D. Puerto Rico · 1918
- Greenberg v. LesamisDistrict Court, D. Alaska · 1914
- Le Brun v. SixtoDistrict Court, D. Puerto Rico · 1908
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