Ex parte Warden

'Now, if the said claimant shall and will truly abide by all orders, interlocutory or final, of said court, and of any appellate court in which the said suit may be hereafter depending, and shall fulfill and perform any judgment or decree which may be rendered in the premises, and also pay all costs, etc., this stipulation shall be void, otherwise in force, and execution may issue by virtue thereof at one and the same time against any or all the parties to this stipulation.'

A decree was entered against the steamer in the district court. From that decree an appeal was taken to the circuit court for the district, where, on the fourteenth of October, 1881, it was decreed 'that the libelant recover for himself and the other parties in interest, from the respondent, Samuel Jackson, and his stipulators, Joseph D. Potts, William G. Warden, Edward N. Wright, and James A. Wright, his or their damages for the collision mentioned in the libel, * * * aggregating, in all, the sum of $51,594.14.' The decree was also entered as a lien against the real estate of the stipulators.

Upon the rendition of this decree an appeal was taken by the claimant to this court, the petitioners signing a supersedeas bond as sureties. The petitioners being seized of real estate in the district, applied to the circuit court to vacate the decree against them, on the ground that it was inadvertently entered and caused a cloud on the titles to their property. The court declined to make the order, and this application is now presented for a mandamus to the judges of the court requiring it to be done.

Morton P. Henry, for petitioner.

[Argument of Counsel from pages 155-156 intentionally omitted]

WAITE, C. J.