Babbitt v. Finn
Supreme Court of the United States
Ebbob to the Circuit Court of the United States for the Eastern District of Missouri. March 27, 1872, James C. Babbitt, assignee in bankruptcy of E. Miller, recovered, in the District Court of the United ■States for the Western District of Missouri, a judgment for $1,236.28, against Edward Burgess, who, on the 29th of that month, sued out of the Circuit Court a writ of error, and executed the requisite bond, with sureties, to render it a supersedeas.
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Ebbob to the Circuit Court of the United States for the Eastern District of Missouri. March 27, 1872, James C. Babbitt, assignee in bankruptcy of E. Miller, recovered, in the District Court of the United ■States for the Western District of Missouri, a judgment for $1,236.28, against Edward Burgess, who, on the 29th of that month, sued out of the Circuit Court a writ of error, and executed the requisite bond, with sureties, to render it a supersedeas. This action was brought by Babbitt against John Finn and John Shields, who were such sureties. The breach assigned in the declaration ■ is that…
1Opinion of the CourtJustice Clifeobd
Notice to the opposite party is required in every case when a writ of error is sued out or an appeal is taken to remove a cause into an appellate court, except when the appeal is allowed in open court; and the provision is that every justice or judge signing the citation, except in certain cases not material to mention, shall.take good and sufficient security that the plaintiff in error or appellant shall prosecute his writ or appeal to effect; and if he fail to make his plea good, that he shall answer all damages and costs where the writ is a supersedeas, or all costs only where it does not…
2Cases cited7 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Tissot & Wife v. DarlingCalifornia Supreme Court · 1858
- Jordan v. Agawam Woollen Co.Massachusetts Supreme Judicial Court · 1871
- Cooke v. CrawfordTexas Supreme Court · 1846
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3Cited by37 opinions
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Fidelity & Deposit Co. of Maryland v. Bristol Steel & Iron Works, Inc.Court of Appeals for the Fourth Circuit · 1983
- Fidelity And Deposit Company Of Maryland v. Bristol Steel & Iron Works, Inc.Court of Appeals for the Fourth Circuit · 1983
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