Ferguson v. Dent
United States Circuit Court
In Equity. Application to discharge receive!. The opinion of the court, and the decree entered upon this application, which is appended as useful to show what was actually done in pursuance of the opinion, sufficiently state the facts.
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In Equity. Application to discharge receive!. The opinion of the court, and the decree entered upon this application, which is appended as useful to show what was actually done in pursuance of the opinion, sufficiently state the facts. At, the last term of the supremo court the plaintiffs applied for a mandamus to compel the circuit court to vacate the order recalling the writ issued by the clerk, or to otherwise execute the decree by discharging the receiver and surrendering the possession to them. The mandamus was refused, but without any opinion or other information as to the grounds of…
1Opinion of the CourtHammond, J.
The affidavits here show, what is well known to the court, that it was intended by the defendants and the court that this bond should be a supersedeas bond. The penalty was sufficiently large to cover any damages likely to come within the liability pending the appeal. Kountze v. Omaha Hotel Co., 107 U. S. 378; S. C. 2 Sup. Ct. Rep. 911; Roberts v. Cooper, 19 How. 373.
I cannot think, as suggested by the plaintiffs’ counsel, that the words necessary to make it in form a supersedeas bond were designedly omitted in order to evade that responsibility. The surety understood the full extent of it,…
2Cases cited18 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Elliott v. SackettSupreme Court of the United States · 1883
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3Cited by9 opinions
- Morrin v. LawlerU.S. Circuit Court for the District of Eastern New York · 1899
- Oliver Aresti v. SotoSupreme Court of Puerto Rico · 1940
- (PC) Alley v. SaeleeDistrict Court, E.D. California · 2023
- Blinn v. Continental Security Redemption Co.U.S. Circuit Court for the District of Northern Alabama · 1901
- Hannonen v. McCloskeyDistrict Court, S.D. California · 2025
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