Bruscup v. Taylor

Bowie, C. J., delivered the opinion of this Court. "Without anticipating the questions which may arise upon the consideration of the appeal from the principal order or decree in this case, we think the motion of the appellee for a supersedeas should be granted. Whether the Orphans’ Court had jurisdiction in the case in which the order appealed from was passed, is not now the subject of inquiry. The action of that Court now complained of is the further proceeding to enforce the original order while the appeal from it is pending.

It is the opinion of this Court that the appeal stays all further proceedings. How far the bond filed and approved of by the Orphans’ Court has this effect, we do not now determine. Independently of it, the appeal itself stays the hands of the Court below until that shall have been heard and disposed of. ⁴¹⁴ The language of this Court, upon a similar application in the case of Thompson vs. McKim, in 6 H. & J., 334 , is very apposite, viz : “It is emphatically in such a state of things that the power of this Court, to cause by special order a suspensión of proceedings on the matter appealed from, should be exercised, .and not lightly or in every cause ; but where the Court sees that if the order or decree appealed from should turn out to be wrong, the enforcement of it pending the appeal would produce an irreparable injury to the party appealing, it ought and will interpose to prevent such injury, or all the purposes of its institution as an Appellate Court of Chancery, will not be answered.” The answer filed in this case to the petition of the appellant, praying the interference and protection of this Court pending-the appeal, tabes the ground that the proceedings to enforce the order are authorized by the 43rd sec. of the oth Article of the Code of Public General Laws. That section cannot