Railroad Co. v. Harris

To make a writ of error operate-as a supersedeas, it is indispensable that'the requirements of tbe act of Congress be strictly fulfilled. It is not enough that the writ be issued and served, but a copy of the writ must be lodged, fofi the adverse party, within ten days, Sundays exclusive, after judg1 ment or decree.

This was a motion for writs of supersedeas to the Supreme Court of, the District of Columbia to stay execution upon two judgments recovered in that court,-one'by. Harris, against the Baltimore and Ohio Railroad Company, and the. other by his administratrix, against the same defendant. The first judgment was for injuries sustained by Harris, when a .passenger on the defendant’s railroad. The second was a judgment upon -scire facias, to .revive the former judgment, abated by the death of Harris, and to make his administratrix party to that judgment, and to have execution. To bring .the first judgment into this court for review, a writ of error had been- sued’out by the railroad company, and a sufficient bond for prosecution was filed, within ten. days after rendition; but no copy of the writ of error appeared to have been lodged in the clerk’s office for the use of the defendant in erroi’. The twenty-third section'of the Judicially Act thus declares:* “A writ ofCrror shall be a- supersedeas, and a stay of execution, in eases only where the writ of error is served by a copy thereof being lodged, for'the adverse party, in the clerk’s office, where the record'remains, within ten days, Sundays exclusive, after rendering the judgment' and passing the decree complained .of.”