Ex parte the Milwaukee Railroad Company
PETITION for a writ of mandamus.
The Circuit Court for the District of Wisconsin having rendered a decree in favor of J. T. Soutter, survivor, &c., against the La Crosse and Milwaukee Railroad Company and the Milwaukee and Minnesota Railroad Company, on the 5th March, 1867, for $40,000, and ordered a sale of the road mortgaged to secure the debt, the last-mentioned company prayed an appeal to this court, which was allowed. For the purpose of staying proceedings on the decree, they offered a bond, in the penalty of $50,000, within the ten days allowed for that purpose, which the district judge declined to approve, but upon which he made the following indorsement:
'March 16, 1867.
'The counsel of complainant having objected to the allowance of this bond for supersedeas, on the ground that all the sureties are non-residents of the district, for this reason this bond is not approved for a supersedeas.
'A. G. MILLER, District Judge.'
The record of the case having been brought into this court on the appeal taken, the appellants now petitioned the court for a mandamus to compel the district judge to approve the bond and allow a supersedeas, or for such other relief in the premises as this court could give.
Messrs. Cram and Cushing, in favor of petition; Mr. Cary, contra.
Mr. Justice MILLER delivered the opinion of the court.