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108 U.S. 4

Johnson v. Waters

Supreme Court of the United States

Decided October 16th, 1882.

Supreme Court of the United States · decided 1882-10-16

<p>APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA.</p> <p>Motion for additional security on the supersedeas bond.</p>

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

No disposition · 9–0 · Decided 1882-10-16

How this case has been cited

Cited by 4 later decisions (2 by the Supreme Court) — most recently November 1971

1 federal appellate ·

201882189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA.

¶2Practice.

¶3It appearing that a personal decree for money could not be given, and tbe circumstances of the parties not being shown to have changed since the security was taken, a motion for additional security on the supersedeas bond was denied.

¶4Motion for additional security on the supersedeas bond.

¶5Mr. H. B. Kelley for the motion.

¶6Mr. J. A. Campbell against.

¶7*5Mr. Chief Justice Waite

¶8delivered the opinion of the court.

¶9This motion is denied. It does not appear from the motion papers that the decree appealed from is collectible under ordinary execution. The fair inference-from the statements in the papers is, that'the suit was instituted to subject the lands in dispute to the payment of a debt, and that no personal decree for money can be given against the appellants. The controversy seems to be as.to the rights of the appellee in the lands. The present bond is sufficient in amount to protect him against loss pending the suit from sales for taxes if he avails himself of the remedies by redemption and subrogation which the law affords. At any rate the circumstances of the parties do not appear to have changed in this particular since the security was taken originally.

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