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U.S. Supreme Court

City of Washington v. Dennison, 73 U.S. 6 Wall. 495 495 (1867)

City of Washington v. Dennison

73 U.S. (6 Wall.) 495


1. A writ of error not sealed until eleven days after the judgment which it would seek to reverse was rendered, cannot operate as a supersedeas.

2. Nor one where there has been an omission to serve the citation before the return day of the writ.

This was a motion for a supersedeas of an execution against the City of Washington, plaintiffs in error, founded upon a writ of error, bond and citation, in compliance with the twenty-second and twenty-third sections of the Judiciary Act.

The twenty-second section referred to enacts that this Court may examine judgments in circuit courts upon writ of error, to which shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors and prayer for reversal, with a citation to the adverse party, signed &c., and the adverse party having at least thirty days' notice.

The twenty-third section enacts that this writ of error

"Shall be a supersedeas and stay of execution in cases only where the writ of error is served by a copy thereof being lodged for the adverse party in the clerk's office where the record remains, within ten days, Sundays exclusive, after rendering the judgment complained of."

In the present case, the judgment was rendered on the 23d of November, 1867. The writ of error, though made out before and placed in the clerk's office, was not sealed till the 6th of December, which was eleven days after the judgment was rendered.

The term of the court for 1867 began on the 2d of December. The citation was served on the 6th of that month.

Page 73 U. S. 496

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