Title Guaranty & Surety Co. v. General Elec. Co. - 222 U.S. 401 (1912)
U.S. Supreme Court
Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912)
Title Guaranty & Surety Company
v. General Electric Company
Submitted November 20, 1911
Decided January 9, 1912
222 U.S. 401
Section 1007, Rev.Stat., makes the allowance of a writ of error, and the lodgment thereof in the office of the clerk within sixty days after date of judgment, an essential prerequisite to the granting of a supersedeas. Nothing in 6 or § 11 of the Judiciary Act of 1891 affects the provisions of § 1007, Rev.Stat., in this respect.
An order cannot control a subject to which it cannot lawfully extend, and a stay order, granted to give the defeated party an opportunity to apply to this Court for certiorari, does not operate to extend the time within which the writ of error must be lodged in order to be the basis for a supersedeas.
There is a difference between a stay order for purposes of rehearing, which prevents a judgment from becoming final, and one granted to enable an application to be made for certiorari, which does not prevent the judgment from becoming final.
The facts are stated in the opinion.