Ownbey v. Morgan
Supreme Court of Delaware
Action of Foreign Attachment by John Pierpont Morgan and others, as executors of the estate of John Pierpont Morgan deceased, against James A. Ownbey. Judgment for plaintiffs (6 Boyce, 379, 100. Atl. 411), and defendant brings error. Plaintiffs move that defendant, as plaintiff in error, be required to give additional security in the supersedeas bond and to strike, out certain portions of the record. Motion for further security in supersedeas bond denied.
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Action of Foreign Attachment by John Pierpont Morgan and others, as executors of the estate of John Pierpont Morgan deceased, against James A. Ownbey. Judgment for plaintiffs (6 Boyce, 379, 100. Atl. 411), and defendant brings error. Plaintiffs move that defendant, as plaintiff in error, be required to give additional security in the supersedeas bond and to strike, out certain portions of the record. Motion for further security in supersedeas bond denied. Motion to strike denied, except that petition to open final judgment and proceedings relating thereto and bill of exceptions are ordered…
1Opinion of the Court
Curtis, Ch.,
after stating the facts, delivered the opinion of the court:
The motions above referred to have been argued on briefs submitted, and the decision of them has no bearing on the merits of the questions raised by the writ of error.
[1-4] First, as to additional security. The motion for additional security is that the plaintiff in error be required to give to the defendants in error a bond for at least two hundred thousand dollars, in place of the bond for six thousand dollars, claiming that by the Constitution the plaintiff in error in order to stay proceedings below must give…
2Cases cited16 opinions
- Lloyd v. KyleWest Virginia Supreme Court · 1885
- Steenrod's Adm'r v. W. P. & B. R. R.West Virginia Supreme Court · 1884
- Allerton v. EldridgeSupreme Court of Iowa · 1881
- Morse v. RankinSupreme Court of Connecticut · 1883
- White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
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3Cited by15 opinions
- Electrical Research Products, Inc. v. Vitaphone Corp.Supreme Court of Delaware · 1934
- Robinson v. MedingSupreme Court of Delaware · 1960
- SHOWELL POULTRY v. Delmarva Poultry CorporationSupreme Court of Delaware · 1958
- Canaday v. Superior CourtSupreme Court of Delaware · 1955
- Wootton Land & Fuel Co. v. OwnbeyCourt of Appeals for the Eighth Circuit · 1920
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