Adams v. Law - 57 U.S. 144 (1853)
U.S. Supreme Court
Adams v. Law, 57 U.S. 16 How. 144 144 (1853)
Adams v. Law
57 U.S. (16 How.) 144
In order to act as a supersedeas upon a decree in chancery, the appeal bond must be filed within ten days after the rendition of the decree. In the present case, where the bond was not filed in time, a motion for a supersedeas is not sustained by sufficient reasons, and consequently must be overruled.
So also, a motion is overruled to dismiss the appeal upon the ground that the real parties in the case were not made parties to the appeal. The error is a mere clerical omission of certain words.
Two motions were made in respect to this appeal, one by Mr. Coxe
to dismiss the appeal and issue a procedendo and the other by Mr. Lawrence, on behalf of the appellants, for a writ of supersedeas directed to the court below for the purpose of staying the execution of the decree.
Mr. Coxe's motion was as follows:
"It is now moved by Richard S. Coxe, solicitor of Lloyd N. Rogers, administrator of Elizabeth P. C. Law, deceased, and Edmund Law Rogers and Eleanora A. Rogers, surviving children of Lloyd N. Rogers and Elizabeth P. C. Law, his wife, and of the representative of William Blane, deceased, that this appeal be dismissed."
"1. There is no case as above entitled, and the real parties interested in the case of which a record is filed are not made parties to this appeal -- namely the said Lloyd N. Rogers, administrator &c., Edmund Law Rogers and Eleanora A. Rogers, and the executors of William Blane, in whose favor the decree of the circuit court appears to have been made."
"2. That it appearing from the certificate of the clerk of said circuit court that an appeal was duly prayed by said appellants, from the decree entered in this cause, and that it was duly allowed, and an appeal bond, in the penal sum of $200, approved 9th December, 1853, is the only appeal bond filed in the case, and such bond does not appear to have been given to the party defendant, in the above entitled case."
"And upon the facts appearing in the certificate of the clerk of said circuit court, that no good and sufficient appeal bond has been filed so as by law to operate as a supersedeas."
"And whereas it also appears as aforesaid that the said James Adams, trustee, is and has been in contempt in consequence of his neglect and omission to perform and obey the order of said circuit court made on the 18th December, 1852, and that said circuit court has omitted and neglected to enforce said order and decree against the said James Adams, trustee as aforesaid, it is now further moved by said solicitor that a writ of procedendo do issue from this Court, to be directed to the said circuit court, directing and commanding said court to proceed forthwith to enforce, by appropriate process, the said order and decree of said circuit court."
Mr. Lawrence's motion was as follows:
"The appellants in this case, by their counsel, respectfully submit to this Court"
"That in consequence of a mistake and surprise, the facts in regard to which fully appear in the affidavits herewith filed, they failed to file a supersedeas bond within ten days after the final decree was entered therein in the circuit court; that the fund
in controversy is now in the hands of the trustee appointed by the said court and securely invested to the satisfaction of all the parties to said cause; that the said appellants have offered in the said court to give bond in double the amount of the sums decreed to be paid; that the parties to whom the said moneys have been decreed to be paid reside out of the said District of Columbia, and the circuit court has refused to grant the supersedeas on application formally made in that court for that purpose, and thereupon they move this Honorable Court for a writ of supersedeas to the Circuit Court of the District of Columbia to stay execution of the decree heretofore rendered by the said court in this cause, and from which an appeal hath been prayed to this Court, on such terms as to your Honors may seem meet."