John McLean

“ In answer to the rule the judge states, that having taken what he considered to be good and sufficient security, as the law required, the cause was appealed to the supreme court, which removed it from his jurisdiction, and that he had no power to make an order in the case. ”

“ This respondent further respectfully submits, that the bond taken and approved, and upon which the appeal before mentioned was granted, was taken and executed in full, complete, and perfect conformity to law, and had he power and authority either in term time or in vacation to make any order in regard to said supersedeas, or the enforcement of the decree aforesaid by execution, and an application were made to him for such order, by reason of the said bond not being in the penalty or to the amount required by law, he would feel himself constrained to refuse any such order. ”

“ During the same term, on motion, a rule was ordered on the district judge to show cause, at the present term, why a mandamus should not be issued, commanding him to cause the decree entered by the said district judge, on the 25th February, 1854, between the above parties, to be carried into execution according to the terms thereof. ”