Nathan Clifford

“ Compliance with the conditions specified in the twenty-third section of the Judiciary Act must be shown in order that the writ of error or appeal may operate as a supersedeas and stay execution, and the rule is also well settled that if the writ of error be not sued out in time to operate as a supersedeas this court cannot award a stay of execution. [5] Unless the requirements of the act of Congress are complied with, within the ten days allowed for the purpose, no court can make a writ of error or appeal operate as a stay of execution under the Judiciary Act. ”

“ Ormerod, [9] we can only say, that according to our opinion they have not expressed it; to which it may be added that the better rule of construction is to hold that the legislature meant what they have actually expressed, unless some manifest incongruity would result from doing so, or unless the context clearly shows that such a construction would be erroneous. [10] Words may sometimes be transposed, but they cannot be inserted. [11] Intention, it is true, should govern, but it must be such an intention as the legislature have used fit words to express. ”