Case Citator › Stafford v. the Union Bank of Louisiana

Stafford v. the Union Bank of Louisiana

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
57 U.S. 135
Decided
Confirmed treatments
1
Flagged citations read
1 of 1
Citing cases (total)
1
Treatment dates
1883
Overruled
A reviewed court has overruled this case. Overruled. In Kountze v. Omaha Hotel Co., the Supreme Court explained that intervening decisions had overruled Stafford's view that a foreclosure appeal bond must secure the entire mortgage debt, and applied the contrary rule to the bond before it.
More on how this was screened

The sole flagged citation has been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1 later cases cite Stafford v. the Union Bank of Louisiana; 1 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Stafford v. the Union Bank of Louisiana?

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Treatments

Overruled

  • The Supreme Court rejected Stafford's rule that a foreclosure appeal bond must secure the entire mortgage debt.

    Kountze v. Omaha Hotel Co. · Supreme Court of the United States · filed

    In Stafford v. Union Bank of Louisiana, 16 How. 135, though no decision was made, because the case was not properly before the court, an opinion was delivered by Mr. Justice McLean, as for the court, that the same rule would apply in case of an appeal from a decree in equity for the sale and foreclosure of certain negroes who had been delivered to a receiver pendente lite ; and that the bond should have been to secure the whole mortgage debt. ... ■Subsequent decisions have undoubtedly modified the rule followed in this case, and, indeed, have overruled it ... In view of the authorities, therefore, as far as-they go, if the bond in the present case is to be regarded as importing nothing more than the bond prescribed by the statute, it is clear that it did not operate as security for the original decree
    Read the full opinion on CourtListener →

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