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Messrs. H. B. Gill and Louis Bancroft Runk in support of the motion.
Messrs. Russell H. Robbins and James F. Campbell in opposition.
Mr. Chief Justice White delivered the opinion of the court:
The motion to vacate the supersedeas must prevail.
Although the writ of error was allowed and was lodged in the office of the clerk more than six months after the entry of the judgment, the bond was approved to operate as a supersedeas. Under these circumstances it is ap-
[222 U.S. 401, 402]
parent that the order for supersedeas was improvidently granted. No other conclusion is possible in view of 1007, Rev. Stat. U. S. Comp. Stat. 1901, p. 714, making the allowance of a writ and the lodgment of the same in the office of the clerk within sixty days after the date of a judgment an essential prerequisite to the granting of a supersedeas. Western Air Line Constr. Co. v. McGillis,
It is nevertheless, insisted, first, that this case is not within the rule, because, as the judiciary act of 1891 by the 6th section [26 Stat. at L. 828, chap. 517, U. S. Comp. Stat. 1901, p. 549] allows one year for the prosecution of error from this court to the judgments of the circuit courts of appeals, and in express terms fixes no period for the allowance of a supersedeas, therefore as the supersedeas was allowed within the year, it was in time. This, however, ignores the provision of 11 of the act of 1891 as follows: 'And all provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit courts of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, . . . ' Hudson v. Parker,
As it results that the supersedeas was improvidently allowed, our order must be and is,
Supersedeas vacated.
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Citation: 222 U.S. 401
No. 856
Decided: January 09, 1912
Court: United States Supreme Court
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