Green Bay & M. Canal Co. v. Norrie
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a final judgment of the Circuit Court, Southern District of New York, dismissing plaintiff’s amended complaint on the merits, upon demurrer thereto for insufficiency of facts.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a final judgment of the Circuit Court, Southern District of New York, dismissing plaintiff’s amended complaint on the merits, upon demurrer thereto for insufficiency of facts. The action is at law upon a federal statutory supersedeas bond in the penal sum of, $30,000, given by defendant and three other co-sureties upon a writ of error to the Supreme Court of the United States to review a final judgment entered in the circuit court of Outagamie county,…
1Opinion of the CourtRacombe, Circuit Judge
(after stating the facts as above). Demurrer was interposed to the original complaint, and the points raised thereby were discussed by Judge Townsend in an opinion reported in 118 Fed. 923. He referred to Hovey v. McDonald, 109 U. S. 150, 3 Sup. Ct. 136, 27 L. Ed. 888, and Leonard v. Ozark Rand Company, 115 U. S. 465, 6 Sup. Ct. 127, 29 L. Ed. 445, and held that a supersedeas does not suspend the effect of a prohibitory injunction pending appeal. The plaintiff in error here does not question the correctness of that conclusion; so it will be sufficient, on that branch of the case, to refer to…
2Cases cited3 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Leonard v. Ozark Land Co.Supreme Court of the United States · 1885
- Green Bat & M. Canal Co. v. NorrieU.S. Circuit Court for the District of Southern New York · 1902