United States Supreme Court Cases & Opinions

U.S. Supreme Court

McMicken v. Perin, 61 U.S. 20 How. 133 133 (1857)

McMicken v. Perin

61 U.S. (20 How.) 133

Syllabus

Where this Court affirmed a decree of a circuit court which was that a conveyance of property should be executed upon the payment of a sum of money, and the circuit court proceeded to carry out its decree by issuing an attachment against the party who refused to execute such conveyance, an appeal will not lie to this Court from the order directing the attachment.

The appeal must be dismissed, with costs, on motion.

It was before this Court at a preceding term, and is reported in 59 U. S. 18 How. 508.

When the mandate of this Court went down, the money therein mentioned was tendered to McMicken, who refused to accept it, whereupon an order was obtained to attach him for contempt, in refusing to make the conveyance required by the decree. Whilst in custody of the marshal, he executed the conveyance, and at the same time took an appeal from the order to attach.