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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. 135 (1854)

handle is hein.slavery/ussccases0228 and id is 1 raw text is: DECEM1BER TERM, 1853. Stafford ct'al. v. The Union Bank of Louisiana. causes of action set forth in the declaration, it would be an idle and profitless waste of time to enter upon their examination, and, besides, whatever might be our conclusions, they would not vary the result. Stephens's Pl. 153, 176. The judgment of the court below is affirmed. Order. This cause came -on to be heard on the transcript of the record, from the District Court of the United States for the Middle District of Alabama, and was argued by counsel. On consideration whereof it is now here ordered and adjudged by this court, that the judgment of the said District Court in this cause be, and the same, is hereby affirmed, with costs. IN THE MATTER OF JOSIAH S. STAFFORD AND JEANNETTE KIRKLAND, HIS WIFE, APPELLANTS, v. THE UNION BANK OF LOUISIANA. Where an appeal was taken from a decree in chancery, which decree was made by the court below during the sitting of this court in term time, the appel'ant is a- lowed until the ncxt term to file the record ; and a motion to dismiss the appeal, made at tile present term. before the case has been regularly entered upon the docket, cannot be entertained, nor can a motion to award a pcocedendo. This court, however, having a knowledge of the case, will express its views upon an important point of practice. Where the appeal is intended to operate as a ,uperscdeas, the security given in the appeal bond must 6e equal to the amount of the decree, as it i in the cao of a jtidgnwnt at common law. The two fats, namely, first that the receiver appointed by the court below had given bond to a large amount, and second, that the persons to whom the property had been hired had given security for its safe keeping and delivery, do not affect the above result. The i-curity must, notwithstanding, be equal to the amount of the decree. A mode of relief suggested. THIS was an appeal from the District Court of the United States for the State of Texas. . It will be seen, by a reference to 12 How4. 327, that this case was formerly before this court, and that the decree of the court below (dismissing the bill filed by the Union Bank) was re- versed. In the execution of the mandate of this court, the District Court of Texas passed a decree on the 25th of February,'1854, from which Stafford and wife appealed. Mr. Hale and Mr. CJoxe, on behalf of the Union Bank, moved to dismiss the appeal: for the following reasons:-

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