Roberts v. Cooper (60 U.S. 373)

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the district of Michigan.

It will be seen, by reference to 18 Howard, that this court, at the last term, in a case between these same parties, decided in favor of Cooper's title to a tract of land in Michigan. In order to recover a part of the tract which was not included in the former suit, Cooper brought an ejectment against Roberts, and obtained a judgment against him. Roberts then brought the case up to this court by writ of error.

But in consequence of its being so low upon the docket as not to be reached at the present term, Mr. Vinton, counsel for Cooper, moved for an order requiring the plaintiff in error to give additional security in the sum of $25,000, or for such other sum as, in the judgment of the court, would be sufficient to answer all damages and costs which Cooper might suffer if the writ of error should not be prosecuted with effect; and filed an affidavit by Cooper in support thereof.

The motion was argued by Mr. Vinton in support, and by Mr. Romeyn against it.

Mr. Justice WAYNE delivered the opinion of the court.