United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stockton v. Bishop, 43 U.S. 2 How. 74 74 (1844)

Stockton v. Bishop

43 U.S. (2 How.) 74

Syllabus

An execution, issued in the court below, after a writ of error has been sued out, a bond given, and a citation issued, all in due time, may be quashed either in the court below or this Court, these things operating as a stay of execution.

In the Circuit Court of the United States for the Western District of Pennsylvania, Harriet Bishop, the defendant in error and a citizen of the State of Ohio, obtained a judgment against Stockton and Moore for $6,500 damages and costs, on 7 December, 1843.

On 15 December, 1843, Stockton and Moore entered into a bond with Hugh Campbell as surety, for the prosecution of a writ of error to this Court, which was approved by the judge, and, on the same day, a writ of error and citation was sued out. On 16 December, 1843, the citation was returned served on R. Biddle, Esq., attorney of defendant in error.

On 11 January, 1844, the plaintiff below sued out a writ of fieri facias and placed it in the hands of the marshal, returnable on 20 May.

Coxe moved to quash the writ of fieri facias, as having been irregularly issued.

Page 43 U. S. 75