STOCKTON ET AL. v. BISHOP


43 U.S. 74 (____)

2 How. 74

LUCIUS W. STOCKTON AND DANIEL MOORE, PLAINTIFFS IN ERROR, v. HARRIET BISHOP, DEFENDANT.

Supreme Court of United States.


Attorney(s) appearing for the Case

On the 11th of January, 1844, the plaintiff below sued out a writ of fieri facias and placed it in the hands of the marshal, returnable on the 20th of May.

Coxe moved to quash the writ of fieri facias, as having been irregularly issued.


Mr. Justice STORY delivered the opinion of the court.

Upon the facts stated in the application, there is no doubt that the writ of error, bond, and citation, having been given in due season according to law, operated as a stay of execution, and that a supersedeas to the fieri facias ought to issue from this court, to supersede and quash the same, as prayed for in the motion. Indeed, the issuing of the execution was wholly irregular...

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