supersedeas
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 77 U.S. 273 - Slaughter-House Cases the Butchers' Benevolent Association of New Orleans v. The Crescent City Live · 1869Most cited · 111 citing opinions
the only effect of the supersedeas is to prevent all further proceedings in the subordinate court except such as are necessary to preserve the rights of the parties
How the Supreme Court has restated “supersedeas”
Each Supreme Court definition of “supersedeas,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “supersedeas”
Court decisions citing the 3 opinions that defined “supersedeas” — 196 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1867–1870
- ORIGINAL
In order to make the appeal operate as a supersedeas, it is necessary for the appellant to give good and sufficient security for the prosecution of the appeal, and for all costs and damages that may be adjudged against him.
Appeals and writs of error are constituted a supersedeas in certain cases by virtue of the twenty-third section of the Judiciary Act, when the conditions there prescribed are fulfilled. Where those conditions are complied with the act of Congress operates to suspend the jurisdiction of the subordinate court and stay execution pending the writ of error or appeal, and until the case is determined or remanded.