Mills v. Conner
Indiana Supreme Court
ERROR to the Dearborn Circuit Court. — The defendant in error moved the Court to quash the writ of supersedeas, and also the writ of error, issued in this case, on the ground, that the supersedeas bond was not shown to have' been executed in the clerk’s office of this Court, nor of. the Court below.
1Opinion of the CourtBlackford, J.
So far as respects the objection to the writ of error, we have heard no good reason to support the motion. The time when, or the place where, the bond was executed, or whether it was ever executed at all, are matters of indifference as to this part of the application.
As to the writ of supersedeas, the motion must be sustained, because it does not appear to the Court, that the bond has been .executed in the cleik’s office, according to the directions of the statute. Ind. Stat. 1816, p. 7, 8 (1).
2Per curiam
The writ of supersedeas, issued in this case, is quashed, with costs.
The only effect of not putting…
3Cases cited2 opinions
- Catlett v. BrodieSupreme Court of the United States · 1824
- Wood v. LideSupreme Court of the United States · 1807
4Cited by1 opinion
- Blair v. ComptonMichigan Supreme Court · 1876