Board of Commissioners v. Gorman
Supreme Court of the United States
In this case, which came here on error to the Supreme .Court of the Territory of Idaho, the board of commissioners of Boise County and B. T. Davis, plaintiffs in error, asked that a writ might issue from this court commanding the restoration of the said Davis to the office of assessor and tax collector .of Bo.ise County for the .reason, as was alleged, that he had :bee.n ousted from that office by virtue of a writ issued upon the judgment in the court below, after the…
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In this case, which came here on error to the Supreme .Court of the Territory of Idaho, the board of commissioners of Boise County and B. T. Davis, plaintiffs in error, asked that a writ might issue from this court commanding the restoration of the said Davis to the office of assessor and tax collector .of Bo.ise County for the .reason, as was alleged, that he had :bee.n ousted from that office by virtue of a writ issued upon the judgment in the court below, after the allowance of a writ of error to this court, which operated as a supersedeas. The application wasfounded on the supposed effect…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court, stating the facts of the case in it.
In order that a writ of error may operate as a supersedeas, it is necessary that a copy of the writ should be lodged for the adverse party in the clerk’s office where the record remains, and that the bond approved by the judge allowing the writ should also be filed there. * Execution cannot issue upon the judgment until the expiration of ten days, exclusive of Sundays, from the entry thereof. If the writ of error and bond are filed before the expiration of the ten days, no execution can issue so long as…
2Cited by25 opinions
- Kitchen v. RandolphSupreme Court of the United States · 1876
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
- Foster v. Kansas Ex Rel. JohnstonSupreme Court of the United States · 1884
- In re McCallCourt of Appeals for the Sixth Circuit · 1906
- Blair v. ComptonMichigan Supreme Court · 1876
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