General

Dennis McSherry v. R. T. Queen, Ch. J. Queen, & James King & Co.

2 D.C. 4062 Cranch 406·United States Circuit Court of the District of Columbia·1823

(Thruston, J., absent,)

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Opinion

Dennis McSherry v. R. T. Queen, Ch. J. Queen, & James King & Co. The Court mil, on motion, quash an execution upon a supersedeas judgment, and also the supersedeas judgment itself, if it does not truly recite the original judgment. Mr. Wallach, for the defendants, moved the Court to quash an execution issued upon supersedeas ; and also the supersedeas itself, because it did not truly recite the original judgment. The original judgment was for $200 damages, to be released on the payment of $100 with interest from the 13th of April, 1820. A payment of $50 is noted on the docket. The supersedeas stated the debt to be $50, taking 'no notice of the damages to be released on the payment of a smaller sum. [MAJORITY — The Court] The Court (Thruston, J., absent,) quashed the execution and supersedeas, because the original judgment was not truly recited in the supersedeas judgment, and because a judgment against James King & Co. was too uncertain.