Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912)
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Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912)
Title Guaranty & Surety Company v. General Electric Company No. 856 Submitted November 20, 1911 Decided January 9, 1912 222 U.S. 401
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Section 1007, Rev.Stat., makes the allowance of a writ of error, and the lodgment thereof in the office of the clerk within sixty days after date of judgment, an essential prerequisite to the granting of a supersedeas. Nothing in 6 or § 11 of the Judiciary Act of 1891 affects the provisions of § 1007, Rev.Stat., in this respect.
An order cannot control a subject to which it cannot lawfully extend, and a stay order, granted to give the defeated party an opportunity to apply to this Court for certiorari, does not operate to extend the time within which the writ of error must be lodged in order to be the basis for a supersedeas.
There is a difference between a stay order for purposes of rehearing, which prevents a judgment from becoming final, and one granted to enable an application to be made for certiorari, which does not prevent the judgment from becoming final.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912) in 222 U.S. 401 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=DXE3EZRWHQ5NH7D.
MLA: U.S. Supreme Court. "Syllabus." Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912), in 222 U.S. 401, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DXE3EZRWHQ5NH7D.
Harvard: U.S. Supreme Court, 'Syllabus' in Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912). cited in 1912, 222 U.S. 401. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=DXE3EZRWHQ5NH7D.
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