Clark v. Henderson
Clark v. Henderson
Opinion of the Court
The object of this petition is to supersede an execution issued upon a judgment or decree of this court. It is partly based upon supposed errors in the judgment or decree; partly upon matters which happened at the time of taking the decree, and which entitle the petitioner to relief; and partly upon events which have happened since the rendition of the decree. The only mode known to a a court of chancery for the correction of such errors are either appellate, by bill of review, original bill in the nature of a bill of review, writ of error coram nobis, or supersedeas in lieu of audita querela. It is obvious that inasmuch as no persons are made defendants to the petition, and as it asks only for a supersedeas or injunction, this petition can only fall under the last head. But in whatever light the application was intended to be viewed, or however it may be
I have grave doubts whether the petition is so framed as to entitle the petitioner to an injunction, and whether, if correct in form, it contains matters of equity sufficient to sustain the injunction. But, in view of the amount involved and the short time for consideration before the sale threatened under the execution, the petitioner may now have an injunction until further order upon giving bond with good security as required above.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.