¶1A supersedeas will be granted, when it appears upon inspection of the record, that there is probable cause for reversing the judgment of the Court below. The supersedeas is allowed for the purpose of enabling the parties to litigate the question without prejudice to their rights, when there is probable grounds for suspending the enforcement of the execution.
3 Ill. 2
Lowry v. Bryant
Decided December 15, 1839
Illinois Supreme Court · decided 1839-12-15
<p>Error to Peoria.</p> <p>Probable cause for reversing a judgment, is good ground for granting a supersedeas.</p>
Key passage — most relied on by later courts
““A supersedeas will be granted, when it appears, upon inspection of the record, that there is probable cause for reversing the judgment of the Court below. The supersedeas is allowed for the purpose of enabling the parties to litigate the question without prejudice to their rights, when there is probable grounds for suspending the enforcement of the execution.” ( 3 Ill. at 2 .)”
quoted by 1 later decision, including 138 Ill. 2d 295 - Stacke v. Bates
Good law ✅— No negative treatment on recordhow we know
Decided 1839-12-15
How this case has been cited
Cited by 4 later decisions — most recently May 2019
4 state decisions
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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