United States ex Rel. Crawford v. Addison,
63 U.S. 174 (1859)

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U.S. Supreme Court

United States ex Rel. Crawford v. Addison, 63 U.S. 22 How. 174 174 (1859)

United States ex Rel. Crawford v. Addison

63 U.S. (22 How.) 174


Where the matter in controversy was the right to the mayoralty in Georgetown, the salary of which office was $1,000 per annum, payable monthly, and the duration of which office was two years, this Court has jurisdiction of a case coming up by writ of error from the Circuit Court of the United States for the District of Columbia.

The fact that the salary is payable monthly makes no difference, the appropriation, when made, being made for the whole sum.

A judgment of ouster being rendered in the circuit court, and the defendant having filed the necessary bond and sued out a writ of error to this Court, this amounts to a supersedeas upon the judgment.

The case is not a proper one for a mandamus from this Court to the judges below or for a rule upon them to show cause why they should not carry out the judgment of ouster.

The fact that the term of office will be about to expire when the writ of error is returnable, viz., December term, 1860, is not a sufficient reason for the interposition of this Court at the present stage of the proceedings.

This was an application for a peremptory mandamus or for a rule to show cause why the judges of the Circuit Court of the District of Columbia should not execute a judgment in that court by which Henry Addison had been directed to be

Page 63 U. S. 175

ousted of the mayoralty of Georgetown. Addison had sued out a writ of error, returnable to December term, 1860, and filed the usual bond, which the circuit court decided to amount to a supersedeas, and accordingly suspended the judgment of ouster.

Page 63 U. S. 181

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