Anson, Bangs, & Co. v. Blue Ridge Railroad
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the northern .district- of Georgia. A motion was made by Mr. Phillips, on behalf of the appellees, to dismiss the appeal, upon the ground that no 'appeal bond was given at the time of grantiiig the appeal, as required by the statute, either as a security, for costs or supersedeas, of. execution.
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This was an appeal from the Circuit Court of the United States for the northern .district- of Georgia. A motion was made by Mr. Phillips, on behalf of the appellees, to dismiss the appeal, upon the ground that no 'appeal bond was given at the time of grantiiig the appeal, as required by the statute, either as a security, for costs or supersedeas, of. execution. Mr. Johnson opposed the motion and offered to give a bond for costs, and thus prevent the dismissal, if consistent with’the . practice of the court. , -.
1Opinion of the Court 1
After argument by these two counsel.
2Opinion of the Court · NelsonJustice Nelson
This is a motion to dismiss the appeal, on the part of the appellee, upon the ground that no appeal bond was given at the time of granting^the appeal, as required by the statute, either as a security for costs or supersedeas of execution. 1 Btat. at Large, pages 84, 85, secs. 22, 23, p. 404.
It is admitted that no bond was given, but the counsel resisting the motion proposes to give one for the costs, and thus prevent the dismissal, if consistent-with the practice of the court. The practice has been allowed in several cases, as will be seen by reference to…
3Cases cited1 opinion
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1854
4Cited by11 opinions
- Peugh v. DavisSupreme Court of the United States · 1884
- Corcoran v. KostrometinoffCourt of Appeals for the Ninth Circuit · 1908
- McClellan v. PyeattCourt of Appeals for the Eighth Circuit · 1892
- Deford, Hinkle & Co. v. MehaffyUnited States Circuit Court · 1882
- O'Reilly v. EdringtonSupreme Court of the United States · 1878
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