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eBook details

• Title: Kitchen v. Randolph
• Author : United States Supreme Court
• Release Date : January 01, 1876
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The only question presented by this motion is as to the power of a justice of this court to allow a supersedeas in cases where an appeal was not taken or a writ of error sued out and served within sixty days, Sundays exclusive, after the rendition of the decree or judgment complained of. The 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 the circuit courts upon writs of error accompanied by a citation to the adverse party, 'signed by a judge of such circuit court or justice of the Supreme Court.' By the same section it was further provided, that 'every justice or judge, signing a citation on any writ of error as aforesaid, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs if he fail to make his plea good.' The citation was essential to the validity of the writ, and without it the writ would be quashed. Lloyd v. Alexander, 1 Cranch, 365. The writ brought up the record, and the citation the parties. Cohens v. Virginia, 6 Wheat. 410; Atherton v. Fowler, 91 U. S. 146. As the security was to be given when the citation was signed, there could be no valid writ without the security.

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