Runyon v. Bennett
Runyon v. Bennett
Opinion of the Court
delivered the Opinion of the Court.
A supersedeas suspends the efficacy of a judgment, but ¿oes not like a reversal annul, the judgment itself. Its 7 . .. , pbje.ct and efiect are to stay future proceedings, and not
It seems to us, that the judgment of one tribunal cannot be deprived of its force, or in any manner affected, by the order of another, until there be some evidence of the order among the records of that tribunal in which the judgment itself remains, or some notice of it given to the officers concerned in executing the judgment, or at least to the parties to be benefitted by it. It would be unreasonable to suppose that, either the Court which renders the judgment, or its officers, or the party claiming under it, are bound to take notice of the ex parte order for a supersedeas' at the moment when it is granted. The law has determined otherwise. It has furnished the party obtaining a supersedeas w'ith the means of making it known where it should be known, and has prescribed the mode of doing it.- And we are of opinion, that it has no effect upon the judgment, or upon the regularity of the proceedings under it, until the proper evidence of its existence has been furnished.
In this case, the writ of habere facias upon the judgment in ejectment had been fully executed before the certificate of supersedeas from the Clerk of this Court had been filed with the Clerk in whose office the judg
But as, according to the view which we have taken, there was no irregularity, or abuse o.f the power or process of the Court in issuing and executing the writ of habere facias at any time before proper notice of the supersedeas, it follows, that there was no sufficient ground in the facts as stated above, for quashing the writ and return, and awarding restitution, and the Court erred in so doing.
Wherefore, the judgment of restitution, and the order quashing the writ of habere facias and the return thereon, are reversed, set aside and annulled, and the case is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.