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DOYLE V. WISCONSIN, 94 U. S. 50 (1876)

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U.S. Supreme Court

Doyle v. Wisconsin, 94 U.S. 50 (1876)

Doyle v. Wisconsin

94 U.S. 50


Sec. 1007 of the Revised Statutes, which, as amended by the Act of Feb. 18, 1875, 18 Stat. part 3, p. 316, provides that where a writ of error may operate as a supersedeas, execution shall not issue until the expiration of ten days after the rendition of the judgment, has reference only to the judgments of the courts of the United States.

On the fifteenth day of August, 1876, the Supreme Court of Wisconsin rendered a judgment ordering that

"a peremptory writ of mandamus do forthwith issue out of and under the seal of the court, to be directed to the respondent [plaintiff in error], commanding him, and in his absence the assistant secretary of state, forthwith, within twenty-four hours after the service of the writ,"

to recall the license given by him to the Continental Insurance Company of the City of New York to do business in that state. The writ was issued and served on the same day, and on the next, Aug. 16, its command was obeyed. On the 10th October, 1876, this writ of error was sued out in due form, and bond given to operate as a supersedeas.

The plaintiff in error now moves that all the proceedings in execution of the judgment within ten days after its rendition chanroblesvirtualawlibrary

Page 94 U. S. 51

may be vacated and set aside, and that all further process be stayed.

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