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Railroad Company v. Schutte U.S. 644 (1879)

handle is hein.slavery/ussccases0443 and id is 1 raw text is: RAILROAD Co. V. SCHUTTE. RAILROAD COMPANY v. SCRUTTE. 1. A supersedeas will be vacated when the approval of the bond therefor was obtained by fraud and perjury. 2. If it appears that the appellant had knowledge of such fraud and perjury, a new bond will not he accepted. 8. The record in this case not being complete or properly certified, the court orders that unless appellant causes the omissions to be supplied on or before a specified day, the appeal be dismissed. MOTION to vacate the suTpersedeas, and dismiss an appeal from the Circuit Court of the United States for the Northern District of Florida. The facts are stated in the opinion of the court. _r. Xatt. Hf. Carpenter and Afr. Wayne Mac Feagh in sup- port of the motion. Air. Philip Phillip8 and ir. William A. A3aury, contra. MR. CHIr JUSTicE WAITE delivered the opinion of the court. In this case the appellees have moved, - 1. To vacate the 8upermedea8, because the approval of the supersedeas bond by the justice of this court, who allowed the appeal, was obtained by fraud and perjury; and, 2. To dismiss the appeal, because the transcript of the record which has been filed in this court is not complete, and is not properly certified. The appellants also have moved for leave to file a new bond in case the old one shall be set aside. 1. As to the vacation of the 8uper8edeas. That the approval of the bond was brought about by gross fraud and perjury is so conclusively shown that no attempt has been made to deny it. The evidence also shows with equal certainty that the bond was obtained in the most irregular way. A lawyer who, to say the least, was an entire stranger to all the parties in interest, was employed to procure, within thixty-six or forty-eight hours, sureties for the appellants sufficient to secure the payment of $100,000. He was to be paid for his services six bonds of $1,000 each of the Florida Central Railroad Corn- [Sup. Ct.

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