48 App. D.C. 358

ENGLE v. McNEILL.

Appeal; Moot Question.

The question raised by an appeal from the judgment entered on a supersedeas bond, after the denial of a motion to stay the enforcement of the judgment in the original case pending appeal in a suit to enjoin the latter judgment, becomes a moot question upon the final disposition of the injunction suit, and the judgment on the bond will be affirmed.

No. 3176.

Submitted January 9, 1919.

Decided February 3, 1919.

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, in an action on a supersedeas bond.

'Affirmed.

The facts are stated in the opinion.

Mr. George 8. Engle for the appellants.

Mr. James W. McNeill for the appellee.

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 *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.

Engle v. McNeill
48 App. D.C. 358

Case Details

Name
Engle v. McNeill
Decision Date
Feb 3, 1919
Citations

48 App. D.C. 358

Jurisdiction
District of Columbia

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