Stockton v. Bishop (43 U.S. 74)

IN the Circuit Court of the United States for the western district of Pennsylvania, Harriet Bishop, the defendant in error and a citizen of the state of Ohio, obtained a judgment against Stockton and Moore for $6500 damages and costs, on the 7th of December, 1843.

On the 15th of December, 1843, Stockton and Moore entered into a bond with Hugh Campbell as surety, for the prosecution of a writ of error to this court, which was approved by the judge, and, on the same day, a writ of error and citation was sued out. On the 16th of December, 1843, the citation was returned served on R. Biddle, Esq., attorney of defendant in error.

On the 11th of January, 1844, the plaintiff below sued out a writ of fieri facias and placed it in the hands of the marshal, returnable on the 20th of May.

Coxe moved to quash the writ of fieri facias, as having been irregularly issued.

Mr. Justice STORY delivered the opinion of the court.