North Western Express Co. v. Landes
Supreme Court of Minnesota
ERROR TO THE DISTRICT C0URT OF WASHINOTON COUNTY. Judgment had been rendered in the Court below against Plaintiffs in Error, execution issued, and levied upon their personal property. The Defendants sued out a -writ of error, and filed a bond as a supersedeas. Upon service of the writ and filing the bond, they demanded a release of the property from the effects of the levy.
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ERROR TO THE DISTRICT C0URT OF WASHINOTON COUNTY. Judgment had been rendered in the Court below against Plaintiffs in Error, execution issued, and levied upon their personal property. The Defendants sued out a -writ of error, and filed a bond as a supersedeas. Upon service of the writ and filing the bond, they demanded a release of the property from the effects of the levy. The sheriff refusing to deliver, the Plaintiffs in Error obtained a rule in this Court, upon the sheriff, to show cause why tire property should not be released. The Respondent moves the Court to quash the rule— 1.…
1Opinion of the Court
By the Court —
EiaNdeau, <1.
— The issuance of a writ of error and putting in bail did not operate as a supersedeas, or even stay of an execution, which had been levied before the issuance of the writ, but the sheriff could proceed to a sale as if no writ of error had been sued out. Blanchard vs. *566Myers, 9 Johns., 66; Merriton vs. Stevens, Willes’s Rep., 271; Kinnie vs. Whitford, 17 Johns. 34; Delafield vs. Sandford, 3 Hill, 473; Graham’s Practice, 334-5. The statute of this State concerning the effect of a writ of error and bond upon an execution, is as follows : “No execution shall be issued…
2Cases cited2 opinions
- Blanchard v. MyersNew York Supreme Court · 1812
- Kinnie v. WhitfordNew York Supreme Court · 1819
3Cited by4 opinions
- First National Bank v. RogersSupreme Court of Minnesota · 1868
- Bacon v. GreenSupreme Court of Florida · 1895
- Stoeckel v. RussellSupreme Court of Delaware · 1881
- Stoeckel v. RussellSupreme Court of Delaware · 1881