Engle v. McNeill

D.C. Circuit

Engle v. McNeill

48 App. D.C. 358, 1919 U.S. App. LEXIS 2324

CourtCourt of Appeals for the D.C. Circuit

DecidedFebruary 3, 1919

DocketNo. 3176

StatusPublished

This text of 48 App. D.C. 358 (Engle v. McNeill) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Engle v. McNeill, 48 App. D.C. 358, 1919 U.S. App. LEXIS 2324 (D.C. Cir. 1919).

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Opinion

Mr. Justice Van Orsdel

delivered the opinion of the Court:

This case was submitted with No. 3116, ante, 351, and is between the same parties. It is a suit on the supersedeas bond given on appeal in the action at law to recover the amount of the judgment therein. Defendant moved to stay the proceedings in the court below pending appeal in the equity case. The [359]*359court denied tbe motion, and, on motion of plaintiff, entered judgment on tbe bond for tbe amount of tbe_ judgment in tbe original case- From tbe judgment on tbe bond, tbis appeal was taken.

Since tbe motion was merely to suspend proceedings in this case pending tbe appeal in tbe equity cause, tbe final disposition of that case renders tbe question raised by finis appeal a moot one.

Tbe judgment is affirmed, with costs. Affir-med.

A motion for reargument was denied February 15, 1919.

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Mr. Justice Van Orsdel

delivered the opinion of the Court:

This case was submitted with No. 3116, ante, 351, and is between the same parties. It is a suit on the supersedeas bond given on appeal in the action at law to recover the amount of the judgment therein. Defendant moved to stay the proceedings in the court below pending appeal in the equity case. The [359]*359court denied tbe motion, and, on motion of plaintiff, entered judgment on tbe bond for tbe amount of tbe_ judgment in tbe original case- From tbe judgment on tbe bond, tbis appeal was taken.

Since tbe motion was merely to suspend proceedings in this case pending tbe appeal in tbe equity cause, tbe final disposition of that case renders tbe question raised by finis appeal a moot one.

Tbe judgment is affirmed, with costs. Affir-med.

A motion for reargument was denied February 15, 1919.

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Bluebook (online)

48 App. D.C. 358, 1919 U.S. App. LEXIS 2324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engle-v-mcneill-cadc-1919.