STAFFORD ET UX. v. Union Bank of Louisiana
Supreme Court of the United States
This was an appeal from the district court of the United States for the State of Texas. It was before the court at the last term, and is reported in 16 How, 135. It will be seen, by a reference to that case, that the court expressed its opinion, that where there was a decree in chancery from which an appeal was taken, in order to make that appeal operate as a supersedeas, the security given in the appeal bond must be equal to the amount of the decree, as it is in the case of…
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This was an appeal from the district court of the United States for the State of Texas. It was before the court at the last term, and is reported in 16 How, 135. It will be seen, by a reference to that case, that the court expressed its opinion, that where there was a decree in chancery from which an appeal was taken, in order to make that appeal operate as a supersedeas, the security given in the appeal bond must be equal to the amount of the decree, as it is in the case of a judgment at common law. It will also be seen, that a motion to dismiss the appeal could not be entertained, because…
1Opinion of the CourtJustice McLEAN
This is an appeal in chancery from the district court of Texas. '
A motion is made by the counsel for the appellees, to dismiss the appeal, because the defendants have filed no sufficient bond.
Also, that a rule on the district judge, to show cause why a peremptory mandamus should not be, issued, granted at the last term, be made absolute.
At the last term, a motion was made to dismiss this cause, and to award a procedendo, on the ground that the appeal bond was insufficient.
On consideration of that motion, the court held, that the bond for $10,000, given on the appeal from a decree for the…
2Cited by12 opinions
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- John J. Donnelly v. Honorable Barrington D. ParkerCourt of Appeals for the D.C. Circuit · 1973
- Ex parte SibertSupreme Court of Alabama · 1880
- Venator v. EdwardsSupreme Court of Oklahoma · 1927
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