Supersedeas
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Supersedeas
The name given to a writ, a court order, from a higher court commanding a lower court to suspend a particular proceeding.
A supersedeas is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed. It is a process designed to stop enforcement of a trial court judgment brought up for review. The term is often used interchangeably with a stay of proceeding.
supersedeas
(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.
(See: appeal, court of appeals)
SUPERSEDEAS, practice, actions. The name of a writ containing a command to
stay the proceedings at law.
2. It is granted on good cause shown that the party ought not to
proceed. F. N. B. 236. There are some writs which though they do not bear
this name have the effect to supersede the proceedings, namely, a writ of
error, when bail is entered, operates as a supersedeas, and a writ of
certiorari to remove the proceedings of an inferior into a superior court
has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461.
But, under special circumstances, the certiorari has not the effect to stay
the proceedings, particularly where summary proceedings, as to obtain
possession under the landlord and tenant law, are given by statute. 6 Binn.
R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h.t.;
Bac. Ab. h.t.; Com. Dig. h.t.; Yelv. R. 6, note.