Engle v. McNeill

U.S. Court of Appeals for the D.C. Circuit February 3, 1919

Engle v. McNeill, 48 App. D.C. 358 (D.C. Cir. 1919)

1919 U.S. App. LEXIS 2324

Orsdel

Opinion of the Court

Mr. Justice Van Orsdel

delivered the opinion of the Court:

This case was submitted with No. 3116, ante, 351, and is between the same parties. It is a suit on the supersedeas bond given on appeal in the action at law to recover the amount of the judgment therein. Defendant moved to stay the proceedings in the court below pending appeal in the equity case. The *359court denied tbe motion, and, on motion of plaintiff, entered judgment on tbe bond for tbe amount of tbe_ judgment in tbe original case- From tbe judgment on tbe bond, tbis appeal was taken.

Since tbe motion was merely to suspend proceedings in this case pending tbe appeal in tbe equity cause, tbe final disposition of that case renders tbe question raised by finis appeal a moot one.

Tbe judgment is affirmed, with costs. Affir-med.

A motion for reargument was denied February 15, 1919.

Reference

Full Case Name: ENGLE v. McNEILL
Status: Published
Syllabus: Appeal; Moot Question. The question raised by an appeal from the judgment entered on a supersedeas bond, after the denial of a motion to stay the enforcement of the judgment in the original case pending appeal in a suit to enjoin the latter judgment, becomes a moot question upon the final disposition of the injunction suit, and the judgment on the bond will be affirmed.