John Marshall

“ It is contended, that an injunction could not be awarded while the record was before this Court on a writ of error.
We do not think this a valid objection. The suit in Chancery does not draw into question the judgment and proceedings at law, or claim a right to revise them. It sets up an equity independent of the judgment, which admits the validity of that judgment, but suggests reasons why the party who has obtained it ought not to avail himself of it. It proposes to try a question entirely new, which has not been, and could not be, litigated at law. ”

“ A rule was made upon the Judges of the Court of the United States for the Fourth Circuit and District of Maryland, to show cause why an execution should not issue on a judgment rendered in that Court in favor of Parkin, Parker, and Clough, against John E. Rigden. A writ of error had been sued out to this judgment, which had been affirmed in this Court, and the usual mandate had been awarded. On affidavit that the clerk of the Circuit Court had refused to issue an execution, and that the Judges of that Court had refused to direct one, this rule was made. ”