Morrison Waite

“ That was an entirely different question from the one presented here upon a stipulation and entered into under section 941.
It is unnecessary to consider whether in law the decree is a lien on the real estate of the stipulators after appeal. Our inquiry is not as to the effect of the decree, but as to the jurisdiction of the court to enter it. If there was jurisdiction, any error that may have been committed cannot be corrected by mandamus. ”

“ In the case of The New Orleans, 17 Blatchf. 216, to which our attention has been directed by the counsel for the petitioners, the proceeding was against the sureties for the claimants, on their appeal from the district court to the circuit court, and the court refused to enter the judgment on such a bond until after the time for perfecting an appeal to this court had expired. ”