Wallen v. Williams, 11 U.S. 278 (1812)

U.S. Supreme Court

Wallen v. Williams

11 U.S. (7 Cranch) 278

Syllabus

Error to the Circuit Court of the district of Tennessee to reverse a decree in chancery. The court below had issued a writ of habere facias possessionem to enforce its decree. The writ of error was too late to be a supersedeas to the decree.

Jones, for the Plaintiff in error, now moved to quash the writ of habere facias as irregular, and contended that the Court below, sitting as a Court of Chancery under the laws of Tennessee, could only enforce by execution decrees for the payment of money, and cited Tennessee Laws, ed. 1807, p. 158, § 2.

Page 11 U. S. 279

U.S. Supreme Court

Wallen v. Williams

11 U.S. (7 Cranch) 278

ERROR TO THE CIRCUIT COURT

FOR THE DISTRICT OF TENNESSEE

Syllabus

Error to the Circuit Court of the district of Tennessee to reverse a decree in chancery. The court below had issued a writ of habere facias possessionem to enforce its decree. The writ of error was too late to be a supersedeas to the decree.

Jones, for the Plaintiff in error, now moved to quash the writ of habere facias as irregular, and contended that the Court below, sitting as a Court of Chancery under the laws of Tennessee, could only enforce by execution decrees for the payment of money, and cited Tennessee Laws, ed. 1807, p. 158, § 2.

Page 11 U. S. 279

MR. CHIEF JUSTICE MARSHALL.

The writ of error is to the original decree, which did not award this writ of habere facias. It was awarded by a subsequent order of the Court, to which no writ of error issued.

TODD, J.

The attachment to compel a performance of the decree was unavailing, and upon the return of it, the habere facias was issued in conformity with the practice in that state, as admitted by the counsel on both sides in the court below. It was ordered as a matter of course, and no objection was made. If this motion should prevail, it will make the writ of error operate as a supersedeas, contrary to the intention of the act of Congress.

Motion overruled.