O'REILLY
v.
EDRINGTON

U.S. | 1877-10-01
delivered the opinion of the court.'
96 U.S. 724 Supreme Court of the United States (1877) Caution
Also reported at: 24 L. Ed. 659 · 1877 U.S. LEXIS 1717 · SCDB 1877-137
Cited by 21 cases

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Synopsis

In O'Reilly v. Edrington, the Supreme Court held that a judge or justice, not a clerk, must approve bonds required for writs of error and appeals, and that while the clerk's solo approval of the bond in this case was improper, the Court would not dismiss the appeal but instead allowed the appellant to cure the defect by filing a properly approved bond by a specified deadline.

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Opinion of the Court
Mr. Chief Justice Waite

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

None of the objections to this appeal are, in our opinion, well taken, except the one which relates to the approval of the bond. That, we think, must be sustained. The security required upon writs of error and appeals must be taken by the judge or justice. Rev. Stat., sect. 1000. He cannot delegate this power to the' clerk. Here the approval of the bond was by the clerk alone. The judge has never acted; but, as the omission was undoubtedly caused by the order of the court permitting the clerk to take the bond, the case .is a proper one for the application of the rule by which this court sometimes refuses to dismiss appeals and-writs of error, except on failure to comply with such terms as may be imposed for the purpose of supplying defects in the proceedings. Martin v. Hunter's Lessee, 1 Wheat. 361; Dayton v. Lash, 94 U. S. 112.

If "the appellant desires that the appeal shall 'operate as a supersedeas, the bond may be in the sum of' $>7,000; other wise, in the sum of §250, The security may be approved by any judge or justice authorized to sign a citation, upon an appeal in the cause ; but this cause will stand dismissed, unless the appellant-shall;, on or. before the first Monday in March .next, file with the clerk of this -court a bond, with good and sufficient security, conditioned according to law, for the purpose» of thé appéal; and it is

'iSo ordered'.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (18 total)

  • Hudson v. Parker, 156 U.S. 277 (U.S. 1895)
    …missed, unless the plaintiff in error gives security sufficient in this respect, to be taken and approved by any justice or judge who is authorized to allow the writ of error and citation. Catlett v. Brodie, 9 Wheat. 553, 555; O'Reilly v. Edrington, 96 U. S. 724. [*288] This court, in the lawful exercise of its power to prescribe the forms of pi’ocess and to regulate the practice upon writs of error, has said, in paragraph .2 of Rule 36, that, in the case of a conviction of an infamous crime, “ the Circuit…
  • Credit Co. Ltd. v. Ark. Cent. Ry. Co., 128 U.S. 258 (U.S. 1888)
  • Brown v. McCONNELL, 124 U.S. 489 (U.S. 1888)
    …gh of itself to constitute an allowance of an appeal such as will give this court jurisdiction, and, if it is, whether, before dismissing the case peremptorily, we may permit the appellants to give the requisite security here. O'Reilly v. Edrington, 96 U. S. 724, 726. An appeal to this court in a proper case -is matter of right, and its allowance is in reality nothing more than the doing of those things which are necessary to give the appellant the meads of invoking our jurisdiction. A writ of error is the…

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