Cage's Executors v. Cassidy
Supreme Court of the United States
This was an appeal from the' Circuit Court of the United ■. States for the southern district of Mississippi. It was a bill filed by Robert Hi Cage, in his lifetime, to stay execution on a forthcoming bond-under the circumstances stated in the opinion of the court. . The Circuit Court granted a temporary injunction in the outset of the case, but upon the final decree adjudged tkat the injunction be dissolved,, and that Cassidy be permitted to sue out executions at law upon-…
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This was an appeal from the' Circuit Court of the United ■. States for the southern district of Mississippi. It was a bill filed by Robert Hi Cage, in his lifetime, to stay execution on a forthcoming bond-under the circumstances stated in the opinion of the court. . The Circuit Court granted a temporary injunction in the outset of the case, but upon the final decree adjudged tkat the injunction be dissolved,, and that Cassidy be permitted to sue out executions at law upon- the judgments of the court, then restrained by injunction. Erom this decree the complainant appealed to this court.
1Opinion of the CourtJustice Campbell
R. H. Cage, the testator of the appellants, filed his bill in the Circuit Court, to be relieved from a judgment rendered there in favor of the' appellee, (A. A. Cassidy,) in November, 1852.
The pleadings and proofs contained in the record disclose that the testator, in 1841, became surety to the Probate Court of Madison county, Mississippi, for William Douglass and William Hall, on their bond, as administrators of the estate of Henry L. Douglass, deceased. In 1848, their letters of administration were revoked; an.d Cassidy, the husband of Mary Douglass, the widow of Henry L. Douglass, and the…
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