Stockton v. Bishop
Supreme Court of the United States
In the Circuit Court of the United States for the western district of Pennsylvania, Harriet Bishop, the defendant in error and a citizen of the state of Ohio, obtained a judgment against Stockton and Moore for $6500 damages and costs, on the 7th of December, 1843. On the 15th of December, 1843», Stockton and Moore entered into a bond with Hugh Campbell as surety, for the prosecution of - a writ of error to this court, which was approved by the judgé, and, oh the same day, a…
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In the Circuit Court of the United States for the western district of Pennsylvania, Harriet Bishop, the defendant in error and a citizen of the state of Ohio, obtained a judgment against Stockton and Moore for $6500 damages and costs, on the 7th of December, 1843. On the 15th of December, 1843», Stockton and Moore entered into a bond with Hugh Campbell as surety, for the prosecution of - a writ of error to this court, which was approved by the judgé, and, oh the same day, a writ of "error and citation were sued out. -On the 16th of December, 1843,-the citation was returned served on R.…
1Opinion of the CourtJustice Story
Upon the facts stated in the application, there is no doubt that the writ of error, bond, and citation, having been given in dué season according to law, operated as a stay of execution, and that b.'supersedeas to the fieri fadas ought to issue from this court, to supersede and quash the same,, as prayed for in the motion. Indeed, the issuing of the execution was wholly irregular, and it might have been quashed by an application to the court below. But it is equally competent for this court to do the same thing in furtherance of the purposes of justice. The motion is, therefore, granted, and…
2Cited by8 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- ALEXANDER McKENZIESupreme Court of the United States · 1901
- Alanson Saltmarsh v. James W. TuthillSupreme Court of the United States · 1852
- People ex rel. Kochersperger v. WadlowIllinois Supreme Court · 1897
- Smith v. Government of Canal ZoneCourt of Appeals for the Fifth Circuit · 1918
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