City of Washington v. Dennison
Supreme Court of the United States
Error to the Supreme Court of tbe District of Columbia. This was a motion for a supersedeas of an execution against the City of Washington, plaintiffs in error, founded upon a writ of error, bond and citation, in compliance with the twenty-second and twenty-third sections of the Judiciary Net.
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Error to the Supreme Court of tbe District of Columbia. This was a motion for a supersedeas of an execution against the City of Washington, plaintiffs in error, founded upon a writ of error, bond and citation, in compliance with the twenty-second and twenty-third sections of the Judiciary Net. The twenty-second section referred to, enacts that this court may examine judgments in Circuit Coui’ts upon writ of error, to which shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors and prayer for reversal,…
1Opinion of the CourtJustice Nelson
The act gave to the city ten days, exclusive of Sundays, to sue out the writ of ei'ror, and take the other necessary steps which are required to operate as a supersedeas. The ten days expired on the 5th of December.
According to the settled practice, if the writ of. error is sued out before the first day of the term, it must be made returnable on the first day of the next term, and so as to the citation ; and, if sued out after, it must be made returnable the first day of the succeeding term. *
The cases cited also show, that both the writ and citation must be served before the return day — the…
2Cited by2 opinions
- Dayton v. LashSupreme Court of the United States · 1876
- Ellis v. Phenix National BankNew York Court of Common Pleas · 1883