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121 US 248 Covington Stock-Yards Co v. Keith

121 U.S. 248

7 S.Ct. 881

30 L.Ed. 914

COVINGTON STOCK-YARDS CO.
v.
KEITH and another, Copartners, etc.

April 11, 1887.[

[Statement of Case from pages 248-250 intentionally omitted]

J. G. Carlisle and T. F. Hallam, for motion.

No brief filed in opposition.

WAITE, C. J.

1

The qualified acceptance of the bond given on this appeal shows that the judge who took it considered the security only sufficient for a stay of the execution of that part of the decree appealed from, which was for the payment of money. Under these circumstances, the appeal only operates as a supersedeas to that extent. As the appeal was taken within 60 days after the rendition of the decree, Mr. Justice MATTHEWS, the justice of this court assigned to the Sixth circuit, has power, under section 1007 of the Revised Statutes, to grant, in his discretion, a further stay of execution, if application to him for that purpose is made. For this reason the present motion is denied.