¶1refused to quash the execution, being of opinion That the writ of error is not a supersedeas, unless served by a *1098copy thereof, being lodged for the adverse •party in the clerk’s office where the record remains, within ten days, Sundays exclusive, after rendering the judgment. Judiciary Act 1789, § 23 (1 Stat. 85).
23 F. Cas. 1097
Thompson v. Voss
U.S. District Court
Decided December 15, 1802
U.S. District Court · decided 1802-12-15
[This was an action by Thompson & V.eiteh against Nicholas Voss.] Fieri facias. Motion to quash the execution, on the ground that a writ of error had issued, and the plaintiffs had joined in error at the supreme court. The judgment below was signed on the 27th of March, 1802, and the execution was, by consent, stayed two months, before the expiration of which time viz., on the 19th of May. the writ of error was filed; and bond given and citation issued.
Decided 1802-12-15