Home / SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 / Passage

Mexican National Construction Co. v. Reusens — SCOTUS Brief (1885)

SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 190 words

[Reusens SCOTUS Case (1885)] law they would have been held to answer final judgment or decree had it been rendered by the Coart in which such suit was commenced; and all bonds, under- takings, or security given by either party in such suit prior to its removal, shall remain valid and | effectual, notwithstanding said removal.’’ | So that by the express provision of the statute the removal preserved the undertaking given on the discharge of the attachment, and carried ‘it with the action into the Circuit Court. | Third. All that the statutes and the rules reguire is, A that the security shall be good and sufficient. There is nothing in either the statutes or the rules which prevents any Justice or Judge signing a citation on any writ of error, to accept a com- pany, such as the Fidelity Company, as security upon the bond. The undertaking which the de- fendant in error now seeks to impeach was part of the record in the Court below, and its sufficiency and validity was never ques- tioned during the fifteen months that the case was pending in the Circuit Court.