Ex Parte Humes

Citations

• 149 U.S. 192
• 13 S. Ct. 836
• 37 L. Ed. 698
• 1893 U.S. LEXIS 2282

Syllabus

<p>A judgment of a Circuit Court to which a writ of error had been sued out, with a supersedeas bond given, being affirmed here and remanded to the-trial court in the usual way, that court, on motion, summoned in the sureties, and, although they proposed to interpose a plea of partial payment, proceeded to render judgment against them and the principal for the full amount of the original judgment with interest and costs. An appeal to the Circuit Court of Appeals having been dismissed for nonjoinder of the original defendant, they applied to this court for a writ of mandamus, commanding the court below to vacate its judgment in so far as it was rendered against the sureties, and to execute the mandate-by entering judgment and ordering execution against the principal only.. Held, that that judgment was rendered in the exercise of judicial determination, and not in the discharge of a ministerial duty, and that the-petitioners’ remedy, if they deemed themselves aggrieved, was by writ of error.</p>