Green v. Van Buskerk
Cases that cite this one
10 later published cases cite this decision.
- Wright v. Taft-Peirce Mfg. Co. (1st Cir. 1923)
- Bruce v. Ackroyd (Conn. 1920)
- Crooker v. Knudsen (9th Cir. 1916)
- Kentucky v. Powers (U.S. Circuit Court for the District of Kentucky 1905)
- Travelers Insurance Company v. Fields (6th Cir. 1971)
- Travelers Insurance v. Fields (6th Cir. 1971)
- Department of Banking of Neb. v. Pink (Supreme Court of the United States 1942)
- Galbraith v. Kline (District Court, D. Montana 1925)
- California Consolidated Mining Co. v. Manley (Supreme Court of the United States 1906)
- Mining Company v. Boggs (Supreme Court of the United States 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
We have already held, at . this term, in a case from Massachusetts, * that when the Supreme Court renders final judgment, and sends the judgment to a court below for execution, and with the judgment the record, a writ of error to review the judgment may be issued to the latter court.
In that case, it is true, no question was made in respect to the operation of the writ as a supersedeas; but we think that the true construction' of the act of Congress requires us to hold that a judgment cannot be regarded as final, in the sense of the act, until entered in a court from which execution can issue.
In the case now before us, the record was sent by the Court of Appeals to the Supreme Court, and the judgment was entered in the latter court in conformity with the direction of the former. This was, it is true, the judgment of the Court of Appeals as well as the judgment of the Supreme Court; but it became a final judgment, on which execution could issue only when entered, on the 16th February, 1866, in the Supreme Court, to which the record was returned, and where it remained.
*451 The uiúüuccessful party had ten days from that entry to take out a writ of error and make it a supersedeas; and he duly availed himself of this right by service of the writ of error ou the 20th February, 1866, and giving the required bonds.
The direction to issue execution was given under a mistaken construction of the act; and its issue makes it necessary that a writ to stay the proceedings be sent from this court.
Motion allowed.
McGuire v. The Commonwealth. (Motions.) Supra, 382.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.