People ex rel. Worden v. Judge of Manistee Circuit

Writ of error: Bond to stay execution: Return made: Order nunc pro tunc: Supersedeas. After return made of writ of error the circuit court has no authority, where no "bond under the statute (Comp. L. 1872, § 7122) has "been filed to stay or supersede execution, to allow a "bond to "be filed nunc pro tunc and operate as a supersedeas; the power, if any, after return to grant such relief is in the supreme court.

Application for Mandamus. The respondent at chambers, upon the ex parte application of the attorneys of a plaintiff in error who “at the time of serving the writ” of error (Comp. L. 1871, § 7122) had neglected to file a bond to stay or supersede execution, ordered that plaintiff in error have leave to file such bond nunc pro time, and thereby have recalled a previously issued execution. The application for such order, and the order, were both made after return had been made to the supreme court of the writ of error. Application is now made by defendant in error, upon notice and appearance by respondent, for mandamus to vacate such order.