Morrison Waite

“ In view of these rulings we hold that if a court in session, and acting judicially, allows an appeal, which is entered of record without taking a bond, within 60 days after rendering a decree, a justice or judge of the appellate court may, in his discretion, grant a supersedeas after the expiration of that time under the provisions of section 1007 of the Revised Statutes. Nothing here said is to be construed as affecting appeals other than such as are allowed by the court acting judicially and in term time. ”