In re Humes - 149 U.S. 192 (1893)


U.S. Supreme Court

In re Humes, 149 U.S. 192 (1893)

In re Humes

No. 20, Original

Argued April 17, 1893

Decided April 24, 1893

149 U.S. 192

Syllabus

A judgment of a Circuit Court to which a writ of error had been sued out, with a supersedeas bond given, being affirmed here and remanded to the trial court in the usual way., that court, on motion, summoned in the sureties, and, although they proposed to interpose a plea of partial payment, proceeded to render judgment against them and the principal for the full amount of the original judgment with interest and costs. An appeal to the circuit court of appeals having been dismissed for nonjoinder of the original defendant, they applied to this Court for a writ of mandamus commanding the court below to vacate its judgment insofar as it was rendered against the sureties and to execute the mandate by entering judgment and ordering execution against the principal only. Held that that judgment was rendered in the exercise of judicial determination, and not in the discharge of a ministerial duty, and that the petitioners' remedy, if they deemed themselves aggrieved, was by writ of error.

The case is stated in the opinion.



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