Foyles ex rel. Smallwood v. Law
U.S. Circuit Court for the District of District of Columbia
A WRIT of error had been sued out by Barry to the original judgment against him, but too late to be a supersedeas; and a ca. sa. against him having been returned non est, a scire facias against Mr. Law as his bail was sued out, and a ca. sa. awarded thereon against him upon which he wqs arrested, and brought into court by the marshal.
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A WRIT of error had been sued out by Barry to the original judgment against him, but too late to be a supersedeas; and a ca. sa. against him having been returned non est, a scire facias against Mr. Law as his bail was sued out, and a ca. sa. awarded thereon against him upon which he wqs arrested, and brought into court by the marshal. The Court, upon motion, refused to order the excution against Mr. Law to be stayed until the writ of error to the original judgment should be decided in the Supreme Court of the United States. contended that it was not too late, and that an injunction to stay…
1Opinion of the CourtCranch, C. J.
But in the present case the plaintiff does not elect not to call the execution, but has called upon the marshal to return the writ; and it is now returned “ cepi," and the plaintiff prays that the defendant may be committed in execution.
The equity relied on in the bill is, that there is error in the original judgment; that the plaintiff expected that the case in error would have been decided before the plaintiff at law could obtain an execution against the complainant; that if the money *119should now be paid to the plaintiff at law, there will be great trouble, delay, and expense in getting it…
2Cited by1 opinion
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