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Walk. Pat..

Wall. Jr...
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Walker (Pa.)
Walker on Patents.
Wallace (U. S.)

Wallace, Junior (U. S.)
Wallace, Senior (U. S.)
Ware (U. S.)
Warvelle on Abstracts of
Wash. (Va.)..... Washington (Va.)
Washb. Easem...... Washburn on Easements
and Servitudes.
Washb. Real Estate.. Washburn on Real Prop-
Washb. Real Prop.. Washburn on Real Prop-



Wash. T.
Wat. Set-Off..

Watts & S..
W. Bl.


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Weskett, Ins..



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Wash. C. C........ Washington Circuit Court
(U. S.)
Wash. Law Rep.... Washington Law Report-
er (D. C.)

Washington Territory.
Waterman on Set-Off.
Watts (Pa.)

Watts & Sergeant (Pa.)
Sir William Blackstone's
English King's Bench

Willes' English Common
Pleas Reports.
Williams (Vt.)..... Williams (Vt.)
Williams, Ex'rs I Williams on Executors.
Williams, Ex'rs [R.

Webst. Dict........ Webster's Dictionary.
Webst. Dict. Unab.. Webster's Unabridged Dic-

Webster in Sen.
.... Webster in Senate Docu-
Webst. Int. Dict.... Webster's International

Wedgw. Dict. Eng.

& T. Ed.]...... Williams on Executors [Randolph and Talcott Edition.] Williams, Real Prop.. Williams on Real Property. Wills, Cir. Ev...... Wills on Circumstantial Evidence. Wedgwood's Dictionary of Willson, Civ. Cas. English Etymology. Ct. App. Welsb., Hurl. & G.. Welsby, Hurlstone, and Gordon's Reports (1-9 Willson, Tex. English Exchequer Re- Law ports).

Wendell (N. Y.)
Weskett's Complete Digest




Whart. & S. Med.

Wheat. El. Int.

Wheeler, Am. Cr.

Wharton and Stille's Med-
ical Jurisprudence.
Wheaton (U. S.)

Wheeler's Abridgment of
American Common Law
Wheeler, Cr. Cas... Wheeler's Criminal Cases
(N. Y.)

White's Ann. Pen.

West Coast Rep.... West Coast_Reporter.
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Statute of Westminster.
Wharton (Pa.)


Whart. Ag..
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Whart, Am. Cr. Law.. Wharton's American Crim-

inal Law.
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Whart. Cr. Ev..... Wharton on Criminal Evi-
Whart. Cr. Law.... Wharton's American Crim-
inal Law.
Whart. Cr. Pl. &
Wharton's Criminal Plead-
ing & Practice.
Whart. Ev.........Wharton on Evidence in
Civil Issues.
Whart. Homicide... Wharton's Law of Hom-
Whart. Law Dict... Wharton's Law Diction-
ary (or Law Lexicon).
Whart. Law Lexi-
Wharton's Law Diction-
ary (or Law Lexicon).
Whart. Neg..
Wharton on Negligence.
Whart. St. Tr..... Wharton's State Trials




(U. S.)

Wheaton's Elements of In-
ternational Law.

White's Annotated Penal
Code (Tex.)
White's Recop..... White's Recopilacion (Land
Laws of Spain and Mex-


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Winfield, Words

Winst. Eq.


Wm. Bl...


. Willson's Revised Penal
Code, Code of Criminal
Procedure, and Penal
Laws of Texas.

. Wilson (Ind.)

Wilson's English Common
Pleas Reports.

Witthaus & Becker's
Med. Jur.....

Willson's Civil Cases Court of Appeals (Tex.)



. Wilson's Revised and Annotated Statutes (Okl.)

. Winch's English Common Pleas Reports.

Winch's Entries.


. Winfield's Adjudged Words
and Phrases, with Notes.
Winston (N. C.)
Winston's Equity (N. C.)

Witthaus and Becker's
Medical Jurisprudence.
Weekly Digest (N._Y.)
Law Bulletin
Law Gazette

Wkly. Dig...
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Wkly. Law Gaz.... Weekly
Wkly. Notes Cas.... Weekly Notes Cases (Pa.)
Wkly. Rep...... Weekly Reporter, London
William (as 9 Wm. III).
Sir William Blackstone's
English King's Bench Re-
Wm. Rob. Adm..... William Robinson's Eng-
lish Admiralty Reports.
Wms. Ex'rs .....
Williams on Executors.
Wm. & Mary...... William and Mary (as 2
Wm. & Mary, c. 1).
Woerner, Adm'n.... Woerner's Treatise on the
American Law of Ad-

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Wood, Inst....

Wood's Institutes of the (Common) Laws of England. Wood, Landl. & Ten.. Wood on Landlord and Tenant. Wood. Lect......... Wooddeson's Lectures on Laws of England. Wood, Lim......... Wood on Limitation of Actions. Wood, Mast. Serv.



W. S.
W. Va.
Wyatt, Prac.
Wood on Master and Serv- Wyo.


Wood, Nuis..
Wood on Nuisances.
Wood, Ry. Law.... , Wood's Law of Railroads.
Woods (U. S.)

Wood's Civ. Law... Wood's Institutes of the
Civil Law of England.
Wood's Dig........ Wood's Digest of Laws
Wood, St. Frauds.. Wood's Treatise on
Statutes of Frauds.
Woodw. Dec..... Woodward's Decisions(Pa.)
Woolr. Waters..... Woolrych's Law of Waters.
Woolworth (U. S.)
Worcester's Dictionary.
Worcester's Dictionary.
Works on Courts and Their Zab.

Worcest. Dict...
Wor. Dict.
Works, Courts ....


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Works, Pr......... Works' Practice, Pleading,
and Forms.
Wright (Ohio)
Wright (Pa.) Wright (Pa.)
W. Rob. Adm...... W. Robinson's English Ad
miralty Reports.


Wagner's Statutes (Mo.)
West Virginia.


Reg.. Wyatt's Practical Register
in Chancery.

Wythe's Chancery (Va.)

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Yeates (Pa.)
Yerger (Tenn.)

... York Legal Record (Pa.) York Leg. Rec.... Younge & C. Ch.... Younge & Collyer's English Chancery Reports.


Zabriskie (N. J.)

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“In the military sense 'to be superseded' means to have one put in the place which by the ordinary course of military promotion belongs to another." Ex parte Hall, 18 Mass. (1 Pick.) 261, 262.

A supersedeas is a writ issued to a ministerial officer commanding him to suspend or desist in a proceeding under another writ previously issued to him. Tyler V. Presley, 13 Pac. 856, 857, 72 Cal. 290 (citing Abb. Law Dict.).

▲ "supersedeas" is a statutory remedy by which the enforcement of a decree of a court is superseded or delayed during appeal. State v. Laflin, 58 N. W. 936, 937, 40 Neb. 441.

Jacob in his Law Dictionary says that "supersedeas" is a writ that lies in a good many cases. It signifies, in general, the command to stay some ordinary proceedings at law, on good cause shown, which ought otherwise to proceed. This court, in the case of Blackerby v. People, 10 Ill. (5 Gilman) 266, 267, said that the order allowing a supersedeas does not operate as a suspension of the judgment until the bond is filed and the writ of error issued. When these proceedings are had, the clerk issues the certificate, the object of which is to notify all other parties that the proceedings are stayed. Perteet v. People, 70 Ill. 171, 177.

with all the required conditions. It does not relate back to the date of an order appealed from, so as to annul proceedings already had, or restore rights under it already lost. The stay simply leaves the proceedings on the order, and the rights of the appellant under it, just as they are when it takes effect on the date of filing the bond. Woolfolk v. Bruns, 45 Minn. 96, 97, 47 N. W. 460.

The writ of supersedeas is an auxiliary process designed to supersede the enforcement of the judgment of the court below, brought up by writ of error for review. Williams v. Bruffy, 102 U. S. 249. Originally it was a writ directed to an officer, commanding him to desist from enforcing the

execution of another writ which he was about to execute, or which might come into his hands. In modern times the term is often used synonymously with "stay of proceedings," and is "employed to designate the effect of an act or proceeding which of itself suspends the enforcement of a judgment." Dulin v. Pacific Wood & Coal Co., 33 Pac. 123, 124, 98 Cal. 304.

A "supersedeas," in the language of the Civil Code, is a written order, signed by the clerk, commanding the appellee and all others to stay proceedings on the judgment or order, meaning, of course, the judgment or order appealed from. Roberts v. Jenkins, 4 Ky. Law Rep. 648, 650, 80 Ky. 666. It is a remedy provided by law for the unsuccessful litigant, who complains of certain errors committed to his prejudice by the court below, and stops all proceedings on the judg ment until this court disposes of the appeal. Smith v. Western Union Tel. Co., 83 Ky. 269, 271.

"Supersedeas," properly so called, is a suspension of the power of the court below A supersedeas is a statutory remedy, to issue an execution on the judgment or deand is only obtained by strict compliance cree appealed from, or, if a writ of execu (6795)

8 WDS.& P.-1

tion is issued, it is a prohibition emanating | further proceedings in the cause; for, after from the court of appeal against the execu- it is received, the justice has no right to take tion of the writ. It operates from the time any proceeding or issue any writ. Mairs v. of the completion of those acts which are Sparks, 5 N. J. Law (2 Southard) 513, 516. requisite to call it into existence. If, before those acts are performed, an execution has been lawfully issued, a writ of supersedeas directed to the officer holding it will be necessary; but, if the writ of execution has been not only lawfully issued but actually executed, there is no remedy until the appellate proceedings are ended, when, if the judgment or decree be reversed, a writ A supersedeas is a written order, signed of restitution will be awarded. Hovey v. McDonald, 3 Sup. Ct. 136, 141, 109 U. S. 150, others to stay proceedings on the judgment by the clerk, commanding appellee and all or order. Ind. T. Ann. St. 1899, § 795.

27 L. Ed. 888.

A "supersedeas bond" merely operates

A supersedeas suspends the efficacy of the judgment, but does not, like a reversal, annul the judgment itself. Its object and effect are to stay future proceedings, and not to undo what is already done. It has to stay an execution or other final process no retroactive operation, so as to deprive the on the judgment. It does not vacate the judgment of its force and authority from judgment, nor prevent any party thereto the beginning, but only suspends them after from invoking it, as an estoppel. Ransom v. and while it is itself effectual. A conse- City of Pierre (U. S.) 101 Fed. 665, 669, 41 quence of this is that whatever is done un- C. C. A. 585. der the judgment after and while it is suspended, being done without authority from the judgment, which is then powerless, SUPERSTITIOUS USE.

should be set aside as improperly and irregularly done, but that whatever is done according to the judgment before the supersedeas takes effect is upheld by the authority of the judgment, and not overreached by the supersedeas. Runyon v. Bennett, 34 Ky. (4 Dana) 599, 29 Am. Dec. 431 (cited, approved, and followed in Weber v. Tanner [Ky.] 64

S. W. 741, 742).

A supersedeas has the effect to suspend further proceedings in relation to a judgment, but it does not, like a reversal, annul it. The supersedeas, being preventive in its nature, does not set aside what the trial court has adjudicated, but stays other proceedings in relation to the judgment until the appellate court acts thereon. In Florida, so long as an appeal with supersedeas from an order granting injunction is pending, the power of the court to enforce the injunction or to punish as contempt acts in violation of its terms committed during such time is suspended. Powell v. Florida Land & Improvement Co., 26 South. 700, 41 Fla. 494.

"Supersedeas," properly so called, is a suspension of the power of the court below to issue an execution on the judgment or decree appealed from, or, if an execution has been issued, it prohibits further proceedings under it. Staffords v. King (U. S.) 90 Fed. 136, 140, 32 C. C. A. 536.

A writ of certiorari, issuing out of the Supreme Court and directed to the court for the trial of small causes, is in its nature and effect a "supersedeas," and ought to stay all


The statute of mortmain has been ex

tended to Pennsylvania only so far as it prohibits dedication of property to superstitious uses and grants to corporations without a statutory license. A trust in favor of an unincorporated religious society is not a gift to a superstitious use. "Superstitious use" by the British courts has been extended to all uses which are subordinate to the interest and will of the Established Church. Methodist Church v. Remington (Pa.) 1 Watts, 219, 225, 26 Am. Dec. 61.

A bequest of money made by a member of the Roman Catholic church to a priest for the celebration of a mass for the soul of the testator and another, though it would be void under the English common law as being for "superstitious uses," is valid and will be upheld in the United States, where such provision of the common law never became Harrison a part of the law of the country. V. Brophy, 51 Pac. 883, 884, 59 Kan. 1, 40 L. R. A. 721.

"Supersedeas," as the word indicates, supersedes the judgment of the court below, SUPERSTRUCTURE. and no step should be taken toward execution after the Supreme Court has determined prima facie that the defendant has not been legally convicted, and has ordered that a writ of error in a criminal case be made supersedeas. Ritchey v. People, 43 Pac. 1026, 1028, 22 Colo. 251.

"Superstructure," as used in Act April 21, 1858, providing that where property of a railroad company, except the superstructure of the road and water stations, should be subject to taxation by ordinance for city purposes, means the roadbed, with whatever has been constructed upon it, although the word might in present railway engineering phraseology be limited to sleepers, rails, and fastenings. City of Philadelphia v. Philadelphia & R. R. Co., 35 Atl. 610, 611, 177 Pa. 292.

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"Superstructure," as used in Comp. St. | tive, rather than judicial, in its fundamental c. 77, § 39, requiring the officers of railroad character, although as a necessary incident corporations to return to the Auditor of Pub- thereto there is involved quasi judicial aulic Accounts for assessment and taxation the thority to determine respective right. Farm number of miles of railroad in the state, in- Inv. Co. v. Carpenter, 61 Pac. 258, 266, 9 cluding roadbed, right of way, and super- Wyo. 110, 50 L. R. A. 747, 87 Am. St. Rep. structure thereon, cannot be construed to 918. include a bridge over the Missouri river. Webster defines the word "superstructure," referring to railroad engineering, to be the sleepers, rails, and fastenings, in distinction from the roadbed, called also "permanent way." Cass County v. Chicago, B. & Q. R. Co., 41 N. W. 246, 25 Neb. 348, 2 L. R. A. 188


"Supervising" means taking part in the work, and hence, where an insured had stated that he was a confectioner, and his duties were supervising, the insurance company will be liable on the policy, though the policy classified him as a proprietor, not working, and his death was caused while working. Schmidt v. American Mut. Acc. Ass'n, 71 N. W. 601, 602, 96 Wis. 304.


The term "supervising farmer," in a classification of the risks of an insurance company, covers a person who employs farm laborers and does but little work himself. "We think that the supervision of a farm includes in its care and oversight the doing of such incidental things as may be required for keeping it in order, and does not mean absolute idleness as far as physical labor is concerned." National Acc. Soc. of City of New York v. Taylor, 42 Ill. App. 97,


Const. art. 11, § 4, providing that the "supervision of instruction" in the public schools shall be vested in the board of education, does not mean that the board shall enter into the details of giving instruction or carrying on the schools. It means no more than a general oversight over the matter of instruction, and would not include the selection of books on particular subjects. State ex rel. Wolfe v. Bronson, 21 S. W. 1125, 1126, 115 Mo. 271.

"Supervision," as used in the Constitution of Wyoming, providing that the state shall control the public waters in the state, and such control shall consist in a supervision of the waters, their appropriation, distribution, and diversion, by a board of control, etc., includes official action, administra

"Supervision" is defined by Webster to be "the act of overseeing, inspection, or superintendence," and is so used in an act giving a board of transportation general supervision of railroads; and hence the act clothes the board with necessary powers for such purposes. State v. Freemont, E. & M. V. R. Co., 35 N. W. 118, 124, 22 Neb. 313.


See "Road Supervisor."

A supervisor is an officer of the civil township, as are justices of the peace and constables, and is charged with the opening, repairing, and keeping in repair the public roads or highways within his road district. Woodworth v. State, 26 Ohio St. 196, 197.

A supervisor is a ministerial officer, whose duties and authority are prescribed and limited by statute, and which, for the most part, are confined to his own district. His duties, generally, are to open and keep in repair and unobstructed the public roads in his district not owned or operated under private charters or by incorporated comGrove v. Mikesell, 13 Ohio St. 158,


"Webster says 'supervision' means to oversee for direction, to superintend, to in-panies. spect, as to supervise the press for correc- 165. tion." It is so used in Rev. St. U. S. § 441 (U. S. Comp. St. 1901, p. 252], charging the The word "supervisors,” when applied to Secretary of the Interior with the super- county officers, has a legal signification, and vision of the office relating to the public means those officers having the general manlands; and hence the statute gives the Sec-agement of the affairs of the county. The retary of Interior and, under his direction, duties of such officers are various and manithe Commissioner of the General Land Of- fold, sometimes judicial, and at others legisfice, the power to review all the acts of the lative and executive. From the necessity of local officers, and to correct and direct a the case it would be impossible to reconcile correction of any error committed by them. them to any particular head, and therefore, Van Tongeren v. Heffernan, 38 N. W. 52, 56, in matters relating to the police and physical 5 Dak. 180. regulation of counties, they are allowed to perform such duties as may be enjoined on them by law, without any nice examination into the character of the powers conferred. This rule preserves the utility of these officers, while at the same time the rule is in harmony with the spirit of state Constitutions. State v. Ormsby County Com'rs, 7 Nev. 392, 397 (citing People v. Eldorado

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