Summary

Portrait of Morrison Waite Morrison Waite Ex Parte French/Opinion of the Court…

The writ and the supersedeas are two separate things, and the writ can be sustained without a supersedeas. All the defendants want the judgment reviewed, but a part only desire to have the execution against them stayed; and we see no reason why they may not all join in the writ, and separate when they ask for a stay. There is certainly no settled practice against it, and very strong reasons can be found in its favor.
Source: Wikisource

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