Ex Parte French
Supreme Court of the United States
Petition for a mandamus against the Circuit Court of the United States for the District of California. Upon tbe showing made by French in his petition, it appears that he brought a suit in ejectment in the court below against Lincoln, O’Ness, Onesti, DeSilva, and others, to recover the possession of a large tract of land.
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Petition for a mandamus against the Circuit Court of the United States for the District of California. Upon tbe showing made by French in his petition, it appears that he brought a suit in ejectment in the court below against Lincoln, O’Ness, Onesti, DeSilva, and others, to recover the possession of a large tract of land. On the trial the court found, among other things, that Lincoln was in the separate possession of a specific portion of the tract, and that O’Ness, Onesti^ and DeSilva were in the possession of another portion. Judgment was rendered, Oct. 7, 1878, in favor of French against…
1Opinion of the CourtJustice Waite
stated the case and delivered the opinion of the court.
The argument in- support of this petition is, that as when the judgment or decree is for the recovery of money- not otherwise secured, the rule of this court (Rule 29) requires the bond for stay of execution to be for the whole amount of the judgment or decree-; and as in this case the writ of error was sued out by all the defendants, and the aggregate of all the money judgments against them severally is more than $6,000, the bonds that have been executed are insufficient, and therefore no stay of execution has been lawfully perfected.…
2Cases cited1 opinion
- Jerome v. McCarterSupreme Court of the United States · 1874
3Cited by7 opinions
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Monongahela River Consol. Coal & Coke Co. v. HurstCourt of Appeals for the Sixth Circuit · 1912
- Baumhoff v. St. Louis & Kirkwood RailroadMissouri Court of Appeals · 1902
- Drabant v. CureSupreme Court of Pennsylvania · 1924
- Monks v. HemphillSupreme Court of Colorado · 1949
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