Legget v. Potter

On the 1st of December, 1853, final judgment was rendered in favor of plaintiffs.

On the next day, defendant applied for and obtained a devolutive appeal.

The day following, (December 3d) plaintiffs issued execution.

On the 6th of the same month, defendant took a rule on plaintiffs to show cause why the execution should not be quashed, on the ground that it was prematurely issued, and the rule having been made absolute, plaintiffs appealed.

The question presented is, whether (the case being appealable) plaintiffs were warranted in issuing execution until after the expiration of ten days from the…