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RAILROAD COMPANY v. HARRIS

Not in source.

74 U.S. 574 (1869)

7 Wall. 574

19 L.Ed. 100

RAILROAD COMPANY, v. HARRIS.

Supreme Court of United States.

February 1, 1869.

Attorney(s) appearing for the Case

Messrs. Bradley and Buchanan, in support of the motion.

Messrs. Davidge and Fuller, contra.

The CHIEF JUSTICE delivered the opinion of the court.

The right of the plaintiff in error to the writs for which the motion now before us is made, depends on the question whether, by the proceedings taken in the case, the writ of error upon the first judgment became a supersedeas?

And this question is answered by the express words of the twenty-third section of the Judiciary Act.

The legislature has seen fit...

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