Page:Federal Reporter, 1st Series, Volume 8.djvu/126

112 FBDBBAIj bepobieb. �BQch case an injnnction is in aid of the jurisdiction of the supreme court. �This is, therefore, a case in which an injunction miglit be granted by the supreme court, or a judge thereof, and not a case for the con- sideration of a circuit court or a circuit judge. ���United States ex rel. Day v, Matob, etc., of the City off New Obleans. �(Oireuit Court, E. D. Louidana. July9, 1881.) �1. SuPEPSEDEAs — Bond Rbquieed — How is the Amount of, tO be Deter- �MINED. �The amount of the bond to be required by a United States circuit court granting a supersedeas is to be determined by it, in its sound discretion, under the laws and rulea of the supreme court. �2. Same— Samb. �In the cases of mandamu» against the city of New Orleans to direct the levy of taxation, looking to the payment of a specifie sum of money, wherein the matter in dispute eiceeds the sum of $5,000, exclusive of costs, and wherein writs of error are applied for and a sup&rsedeas asked, the bonds required were fixed at $150, plus 10 per cent, of the amount of the judgment or judgments sought to be stayed. �3. BULB 29 OF THE GENERAL RULBS OF THE UniTED StATBS SuPKEME CollRI — �MuNiciPAii Officebs. �Where the defendants in the judgment are municipal offlcers, having little or no interest pecuniarily in the eyeht of the suit, and where the judgments sought to be stayed are not for money or property, but to direct the performance of a ministerial act, rule 29 of the general rules of the United Btates supreme court has no application. �4. AppEAii FHOM Any Othbk than a Monet Judgment — Section 2, Rtxle 23, �GENERAL RULBS OF THE UNITBD SlAlfllS BUPEEME CollRT— DAMAGES MaT BE AWABDED. �Quœre, as to whether, under section 2 of rule 23, general rules of the United States supreme court, which reads, " In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued ont merely for delay, damages at the rate of 10 per cent., in addition to interest, shall be awarded upon the amount of the judgment," — any damages may be awarded by the supreme court in any case where there is no direct appeal from a money judgment. �Pabdee, C. J. There is no doubt of the right to the writ of error in those cases where the amount of the judgment to be paid by tax- ation exceeds $5,000, exclusive of costs. Counsel concede the right to a supersedeas, and only differ as to the amount of the bond to be required. The amount of the bond is to be determined by the court allowing the supersedeas, in its Sound discretion, under the laws and the rules of the supreme court. Eule 29 of the general rules of the ��� �