Title Guaranty & Surety Co. v. United States Ex Rel. General Electric Co.
Supreme Court of the United States
error to the circuit court of appeals for the third CIRCUIT. The facts are stated in the opinion.
1Opinion of the CourtChief Justice White
The motion to vacate the supersedeas must prevail. Although the writ of error was allowed and was lodged in the office of the clerk more than six months after the entry of the judgment, the bond was approved to operate as a supersedeas.. Under these circumstances it is ap parent that the order for supersedeas was improvidently granted. No other conclusion is possible in view of § 1007, Rev. Stat., making the allowance of a writ and the lodgment of the same in the office of the clerk within sixty days after the date of a judgment an essential prerequisite to the granting of a supersedeas.…
2Cases cited5 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- Kitchen v. RandolphSupreme Court of the United States · 1876
- Sage v. Central Rr Co. of IowaSupreme Court of the United States · 1876
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1887
- Western Air Line Construction Co. v. McGillisSupreme Court of the United States · 1888
3Cited by11 opinions
- Southland Industries, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
- Slip Scarf Co. v. Wm. Filene's Sons Co.Court of Appeals for the First Circuit · 1923
- Gould v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Ohio River Contract Co. v. GordonCourt of Appeals of Kentucky · 1916
- Hostetter v. SymesCourt of Appeals for the Eighth Circuit · 1925
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