Supreme Court of the United States, 1888

Western Air Line Construction Co. v. McGillis

Supreme Court of the United States · Decided April 16, 1888 · Mr. Justice Miller:

127 U.S. 776; 8 S. Ct. 1390; 32 L. Ed. 324; 1888 U.S. LEXIS 2041 (United States Reports)

Counsel

Mr. John 8. Cooper for the motion., Mr. E. Walker opposing.

Cases that cite this one

2 later published cases cite this decision.

Odbert v. Marquet (4th Cir. 1909)
Title Guaranty & Surety Co. v. United States Ex Rel. General Electric Co. (Supreme Court of the United States 1912)

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

Mr. Justice Miller:

This is a motion to vacate what is called a supersedeas. The papers show that the writ ivas neither sued out or served within sixty days after the rendition of the judgment which is the subject of the writ of error: It follows as a matter of course that the writ cannot operate as a supersedeas, and we know of no motion that is necessary or proper in this court on that subject. Writs of supersedeas do not issue, unless it may become necessary from some peculiar circumstances. • The statute declares .that, when within sixty days, the plaintiff sues out his writ of error, files it with the clerk of the proper court, and then gives a bond within a certain time mentioned by the statute, that the bond, if approved for that purpose by the judge who grants the citation and the writ of error, shall operate as a supersedeas. It is a matter of law whether it operates as a supersedeas.

There is no evidence here of any proceeding to collect a debt which has been disregarded. At all events there is no occasion for a supersedeas.

The motion is denied.

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