Edward Douglass White

“ Nor would a different result arise from the concession argumentatively that from a consideration of the context of § 11 of the act of 1891, the passage which we have quoted should be restricted to writs of error from the circuit courts of appeals to inferior courts, and to appeals from such courts to the circuit courts of appeals. Nothing is contained in the act of 1891 regulating the time when an appeal from a circuit court of appeals to this court or a writ of error from this court to such courts must be taken in order to operate as a supersedeas. ”

“ And this consideration at once serves to mark the distinction between the operation of a stay order granted for the purposes of a pending application for rehearing, since the pending of a rehearing operates to prevent the judgment or decree from becoming final, for the purpose of error or appeal, until the application is disposed of. ”