402

Case No. 6,636.

HOLMES v. BUSSARD.

[2 Cranch, C. C. 401.]1

Circuit Court, District of Columbia.

April Term, 1823.

PRACTICE—SUPERSEDEAS.

A supersedeas judgment must recite the original judgment correctly.

[Cited in Chesapeake & O. Canal Co. v. Barcroft, Case No. 2,644.]

Motion by Mr. Taney and Mr. Redin, for defendant, to quash a supersedeas, and an execution issued upon the supersedeas, because it stated the original judgment to be for $700 and costs, whereas the original judgment was for $1,500, to be released on the payment of $700 and costs.

Mr. Marbury, for plaintiff.

THE COURT (THRUSTON, Circuit Judge, absent) quashed the execution and the supersedeas.

1 [Reported by Hon. William Cranch, Chief Judge.]

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