Smith Hogan, Arthur Hogan, and Reuben Reynolds, Plaintiffs In Error v. Aaron Ross, Who Sues For the Use of Robert Patterson

• Citation: 11 How. 294,52 U.S. 294,13 L.Ed. 702
• Parties: SMITH HOGAN, ARTHUR S. HOGAN, AND REUBEN Y. REYNOLDS, PLAINTIFFS IN ERROR, v. AARON ROSS, WHO SUES FOR THE USE OF ROBERT PATTERSON
• Decision Date: 01 December 1850
• Court: United States Supreme Court

52 U.S. 294

11 How. 294

13 L.Ed. 702

SMITH HOGAN, ARTHUR S. HOGAN, AND REUBEN Y. REYNOLDS, PLAINTIFFS IN ERROR, v. AARON ROSS, WHO SUES FOR THE USE OF ROBERT PATTERSON.

December Term, 1850

THIS case was pending under a writ of error issued to the District Court of the United States for the Northern District of Mississippi.

The following motion and affidavit were filed by the counsel for the plaintiffs in error, viz.:——

'This case was depending before this court at its last term upon a writ of error, operating as a supersedeas, and was then dismissed because the record did not show that a citation had been issued and served on the defendant in error. Since the last term of this court, the plaintiffs have sued out another writ of error, executed another bond, filed a complete record of the

case, &c., but they are exposed to execution on the judgment in the court below; they therefore move the court for a supersedeas to stay all further proceedings on the judgment below.

'W. S. FEATHERSTON,

R. DAVIS, Attorneys for Plaintiffs in error.'

'Personally appeared before me, Wm. T. Carroll, Clerk of the Supreme Court of the United States, Winfield S. Featherston, who, being duly sworn, says that he is informed by R. Davis, of counsel for Smith Hogan et al. in the court below, that an execution has been issued on the judgment in this case, now before this court for revision and correction, from the District Court of the United States for the Northern District of Mississippi. That said execution is now in the hands of the marshal for the said Northern District of Mississippi, to be levied on the property of said Smith Hogan et al. and returned to the next June term of said District Court. This affiant further states, that he believes said information to be true.

'Sworn to in open court, this 11th February, 1851.

'WM. THOS. CARROLL.'

Mr. Chief Justice TANEY delivered the opinion of the court.

A motion has been made in this case for a supersedeas to stay execution upon a judgment rendered in the District Court of the United States for the Northern District of Mississippi.

The judgment was rendered in December, 1847, and a bond was filed, and a writ of error lodged in the clerk's office, within ten days after the judgment; and the record was filed and the case docketed in this court near the close of December term, 1848. But no citation appeared to have been issued for the defendant in error; and upon that ground the writ was dismissed at...