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In the matter of Josiah S. Stafford and Jeannette Kirkland, his Wife, Appellants, v. The Union Bank of Louisiana U.S. 275 (1855)

handle is hein.slavery/ussccases0208 and id is 1 raw text is: DECEMBER TERM, 1854. 275 Stafford et ux:. v. Union Bank of Louisiana. For the opinions of Mr. Chief Justice Taney and Mr. Justice Daniel, see the preceding case of Williams, administrator of Williams, v. Gibbes and Oliver, executors of Robert Oliver, deceased. Order. This cause came on to be heard on the-transcript of the record from the circuit court of the United States for the dis- trict of Maryland, and was argued by counsel On considera- tiQn whereof it is now here ordered, adjudged, and decreed by this court, that the decree of the said circuit court in this cause be and the same is hereby reversed with costs, and that this cause be and the same is hereby remanded to the said circuit court for further proceedings to be had therein, in confortity to the opinion of this court. IN THE 1_ATTER OF JOSIAH S. STAFFORD AND JEANNETTE KIRK- LAND, HIS WIFE, APPELLANTS, v. THE UJNION BANK OF LoUIsIANA. Where an appeal from a decree in chancery is intended to operate as a supersedeas, the security given in the appeal bond must be equal to the amount of the decree, as it is in the case of a judgment at common law. Where the security is insufficient, this court will, upon motion of the appellee, lay a rule upon the judge below, to show cause why a mandamus should not issue, com- inanding him to carry into execution the decree of the court below. Upon cause shown by the judge that, having taken what he considered to be good and sufficient security, the cause was appealed to this court which removed it from his jurisdiction, and that he had no power to make an order in the case, this court will order a peremptory mandamus. But as the security given was sufficient to bring the case before this court by appeal, a mot. in to dismiss the appeal must be overruled. THIS -was an appeal from the district court of the United States for the State of Texas. It was before the court at tile last term, and is reported in 16 How, 135. It will be seen, by a reference to that case, that the court expressed its opinion, that where there was a decree in chan- cery from which an appeal was taken, in order to make that appeal operate as a supersedeas, the security given in the appeal bond must be equal to the amount of the decree, as it is in the case of a judgment at common law. It will also be seen, that a motion to dismiss the appeal could not be entertained, because the time had not expired within which the appellant was allowed to file the record; nor could a motion be entertained to award a procedendo.

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