Page:Federal Reporter, 1st Series, Volume 7.djvu/111

 FISCHEE V. HAYES. 99 �defendant ouglit to be allowed an opportunity to present these questions to the supreme court, and, if possible, obtaiir a decision on all the questions involved in the contempt pro- ceedings, at the same time with a decision on the questions at issue in the suit. It is also suggested, on the part of the defendant, that, if necessary, he be meanwhile admitted to bail. �In its decision dismissing the writ of error, (Rayes v. Fischer, 1 Morrison's Transcript, 47,) the supreme court say of the order of conviction : �" If the order complained of ig to be treated as part of what was done in the original suit, it cannot be brought here for review by writ of error. Errors in equity suits can only be correoted in this "court on appeal, and that after a final decree. This order, if part of the proceedings in the suit, was interlocutory only. If the proceeding below, being for con- tempt, was independant of and separate from the original suit, it cannot be re-examined here, either by writ of error or appeal." �If the plaintifi shall reoover a sum of money in this suit by the final decree, the defendant can stay the collection of that sum by appealing and giving the security required by sections 1000, 1007, and 1012 of the Revised Statutes, and, where the case is one for such stay, no execution can issue until the expiration of 10 days from the rendering of the decree. Moreover, the court has power, in its discretion, when an appeal from a final decree granting an injunction is allowed, to suspend or modify the injunction during the pend- ency of the appeal, upon such terms, as to bond or other- wise, as it may consider proper for the security of the rights of the opposite party. Eule 93 in Equity, of January 13, 1879. These provisions for the stay or suspension of the operation of a decree, on giving a bond to secure the rights of the opposite party under the decree, are based on the view that where those rights can be secured while a review is pending it is reasouable to give to the party seeking the review the stay or suspension till the questions raised on review are decided, provided he give s the security. The se- curity to be given on appeal from the final decree herein will not be security to pay the amount of said fine. It is, therefore, proper that the defendant should now, as a condi- ��� �