from The American Heritage® Dictionary of the English Language, 4th Edition
- n. A writ containing a command to stay legal proceedings, as in the halting or delaying of the execution of a sentence.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. A type of surety bond that a court requires from an appellant who wants to delay payment of a judgement until the appeal is over.
- n. A writ requiring a lower court to suspend an action
from the GNU version of the Collaborative International Dictionary of English
- n. A writ of command to suspend the powers of an officer in certain cases, or to stay proceedings under another writ.
from The Century Dictionary and Cyclopedia
- n. In law, a writ having in general the effect of a command to stay, on good cause shown, some ordinary proceedings which ought otherwise to have proceeded.
- n. Hence, a stay; a stop.
A supersedeas is a writ, or order, to suspend the powers of an officer, or to stay -- that is, stop -- action under another writ.
The instrument, called a supersedeas bond, stays execution of a circuit court's approval while the appeal is pending.
His execution, in spite of the _ "supersedeas" _ which goes by law with every such suit, was the last of this series of judicial outrages. [
Staying a money judgment in federal court without posting a supersedeas bond.
In New Hampshire, where pleadings had always been simple, clear, and direct, the lawyers introduced more sophistication and complexity during the years 1692 to 1700; the action of ejectment, the writs of scire facias and supersedeas, the action of trespass de bonis asportatis, entered New Hampshire as immigrants at this time.55 Students of Massachusetts law on the eve of the Revolution have declared it to be quite conservative, at least by earlier standards.
Luke Fox, being ice-bound and in peril, writes, “God thinks upon our imprisonment within a supersedeas;” but he was a good and honourable man as wall as euphuist.
Accordingly, a surety company, objecting to the entry of a judgment against it on a supersedeas bond, without notice and an opportunity of a hearing on the issue of liability thereon, was not denied due process where the State practice provided the opportunity for such hearing by an appeal from the judgment so entered.
On May 31st Chief Justice Fuller of the United States Supreme Court, upon application of the State, granted a writ of supersedeas commanding that the order of the lower court "be stayed and suspended, and that the properties of the Atlantic and North Carolina Railroad Company be left in the hands of its officers until the further order of the United States Circuit Court of Appeals."
Under certain conditions, if the defendant's hardship could be definitely shown, a writ of _certiorari_ and _supersedeas_ might issue.
No bond shall be required of any accused person as a condition of appeal, but a supersedeas bond may be required where the only punishment imposed in the court below is a fine.
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