Roberts v. Cooper
60 U.S. 373

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U.S. Supreme Court

Roberts v. Cooper, 60 U.S. 19 How. 373 373 (1856)

Roberts v. Cooper

60 U.S. (19 How.) 373

Syllabus

Where the judgment of the circuit court in an action of ejectment was against the defendant, in which nominal damages only were awarded, who sued out a writ of error in order to bring the case before this Court, this Court cannot grant a motion to enlarge the security in the appeal bond for the purpose of covering apprehended damages which the plaintiff below thinks he may sustain by being kept out of his land.

It will be seen, by reference to 18 How. that this Court, at the last term, in a case between these same parties, decided in favor of Cooper's title to a tract of land in Michigan. In order to recover a part of the tract which was not included in the former suit, Cooper brought an ejectment against Roberts and obtained a judgment against him. Roberts then brought the case up to this Court by writ of error.

But in consequence of its being so low upon the docket as not to be reached at the present term, Mr. Vinton, counsel for Cooper, moved for an order requiring the plaintiff in error to give additional security in the sum of $25,000 or for such other sum as in the judgment of the Court would be sufficient to answer all damages and costs which Cooper might suffer if the writ of error should not be prosecuted with effect, and filed an affidavit by Cooper in support thereof.

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