COVINGTON STOCK-YARDS COMPANY
v.
KEITH

U.S. | 1887-04-11
121 U.S. 248 Supreme Court of the United States (1887) Positive Treatment
Also reported at: 30 L. Ed. 914 · 7 S. Ct. 881 · 1887 U.S. LEXIS 2041 · SCDB 1886-208
Cited by 3 cases

Opinion of the Court
.Mr. Chief Justice Waite

.Mr. Chief Justice Waite delivered the opinion of the court.

The .qualified acceptance of the bond given oh this appeal shows that the .judge who.took it considered the security only sufficient for a stay of. the execution of that part of the decree appealed from, which was for the payment of money. Under these circumstances the appeal only operates as a supersedeas to that extent., As the appeal was taken within sixty days after the rendition-of the decree, Mr. Justice Matthews, the justice of this court, assigned to the Sixth Circuit, has power, under § 1007 of the Revised Statutes, to grant; in his discretion, a further stay of execution, if application to him for that purpose is. made. For this reason

The present motion is denied.


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Cited By

  • …U.S. 341, 342, 7 S.Ct. 276, 30 L.Ed. 462; King Iron Bridge & Mfg. Co. v. Otoe County, 120 U.S. 225, 227, 7 S.Ct. 552, 30 L.Ed. 623; Metcalf v. Watertown, 128 U.S. 586, 590, 9 S.Ct. 173, 32 L.Ed. 543; Menard v. Goggan, 121 U.S. 253, 254, 7 S.Ct. 873, 30 L.Ed. 914; Levering & Garrigues Co. v. Morrin, 2 Cir., 61 F. 2d 115, 121; Dollar S. S. Lines, Inc., v. Merz, 9 Cir., 68 F. 2d 594, 597. Since the amendment cannot be allowed by this Court, it necessarily follows that we cannot direct or instruct the court be…
  • Title Guar. & Sur. Co. v. United States, 222 U.S. 401 (U.S. 1912)
    …d the lodgment of the same in the office of the clerk within sixty days after the date of a judgment an essential prerequisite to the granting of a supersedeas. Western Construction Co. v. McGillis, 127 U. S. 776; Covington Stock Yards Co. v. Keith, 121 U. S. 248; Sage v. Central R. R. Co., 93 U. S. 412; Kitchen v. Randolph, 93 U. S. 86. It is, nevertheless, insisted, First, that this case is not within the rule, because as the Judiciary Act of 1891" (March 3, 1891, c. 517, 26 Stat. 826) by the sixth sectio…

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