Kitchen v. Randolph
Supreme Court of the United States
On motion to vacate a supersedeas. This is a motion by the appellee to vacate and set aside an order made by an associate justice of this court, granting the petition of the appellant for a supersedeas directing a stay of all proceedings, under a decree of the Circuit Court of the United States for the Eastern .District of Pennsylvania, foreclosing a mortgage on property of the Wilmington and Reading Railroad Company, and ordering a sale of the same.
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On motion to vacate a supersedeas. This is a motion by the appellee to vacate and set aside an order made by an associate justice of this court, granting the petition of the appellant for a supersedeas directing a stay of all proceedings, under a decree of the Circuit Court of the United States for the Eastern .District of Pennsylvania, foreclosing a mortgage on property of the Wilmington and Reading Railroad Company, and ordering a sale of the same. The' bill for the foreclosure and salé was filed by Randolph, as holder of coupon-bonds of that company, secured by a certain deed of trust and…
1Opinion of the CourtChief Justice Waite
delivered tbe opinion of tbe. court.
The only question presented by tbis motion is as to the power of a justice of tbis court to allow a supersedeas in eases-where an appeal was not taken or a writ of error sued out and served within sixty days, Sundays exclusive, after tbe rendition of tbe decree or judgment complained of.
Tbe Judiciary Act of 1789 (1 Stat. 84, sect. 22) made provision for a review by this court of judgments and decrees in civil actions and suits in equity in tbe circuit courts upon writs of error accompanied by a citation to tbe adverse party, “ signed by a judge of such…
2Cases cited10 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Rubber Company v. GoodyearSupreme Court of the United States · 1868
- Railroad Co. v. BradleysSupreme Court of the United States · 1869
- French v. ShoemakerSupreme Court of the United States · 1871
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3Cited by45 opinions
- Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Village Creek Homeowners Assn. v. Public Utilities CommissionSupreme Court of Connecticut · 1961
- Foster v. Kansas Ex Rel. JohnstonSupreme Court of the United States · 1884
- Atlantic Coast Line Railroad v. MazurskySupreme Court of the United States · 1910
- Moresi v. SwiftNevada Supreme Court · 1880
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