Covington Stock-Yards Co. v. Keith

Supreme Court of the United States April 11, 1887

Covington Stock-Yards Co. v. Keith, 121 U.S. 248 (1887)

7 S. Ct. 881; 30 L. Ed. 914; 1887 U.S. LEXIS 2041

Opinion

.Mr. Chief Justice Waite

delivered the opinion of the court.

The .qualified acceptance of the bond given oh this appeal shows that the .judge who.took it considered the security only sufficient for a stay of. the execution of that part of the decree appealed from, which was for the payment of money. Under these circumstances the appeal only operates ■ as a supersedeas to that extent., As the appeal was taken within sixty days after the rendition- of the decree, Mr. Justice Matthews, the justice of this court, assigned to the Sixth Circuit, has power, under § 1007 of the Revised Statutes, to grant; in his discretion, a further stay of execution, if application to him for that purpose is. made. For this reason

The present motion is denied.

Reference

Full Case Name: Covington Stock-Yards Company v. Keith
Cited By: 8 cases
Status: Published
Syllabus: The provision in Rev. Stat. § 1007, that if a plaintiff in error “ desires to stay process he may, having served his writ of error as ” directed in the Revised Statutes, “ give the security required by law within sixty days after the rendition of judgment, or afterwards with the permission of a justice or judge of the appellate court,” applies to an appeal from a final decree against an intervenor in a suit in equity when a partial supersedeas is granted below, and furnishes a reason why a motion on his behalf for a full supersedeas should be denied here.