
    Case No. 8,926.
    McSHERRY v. QUEEN et al.
    [2 Cranch, C. C. 406.]
    
    Circuit Court, District of Columbia.
    April Term, 1823.
    Judgment — Supersedeas—Execution—Improper Recital.
    The court will, on motion, quash an execution upon a supersedeas judgment and also the su-persedeas judgment itself, if it does not truly recite the original judgment.
    [Cited in Chesapeake & O. Canal Co. v. Bar-croft, Case No. 2,0)44.]
    [This was a suit by Dennis McSherry against R. T. Queen, Charles J. Queen, and James King & Co.]
    Mr. Wallach, for defendants,
    moved the court to quash an execution issued upon su-persedeas; and also the supersedeas itself, because it did not truly recite the original judgment. The original judgment was for $200 damages, to be released on the payment of $100 with interest from the 13th of April, 1820. A payment of $50 is noted on the docket The supersedeas stated the debt to be $50, taking no notice of the damages to be released on the payment of a smaller sum.
   THE COURT

(THRUSTON, Circuit Judge, absent)

quashed the execution and superse-deas, because'the original judgment was not truly recited in the supersedeas judgment, and because a judgment against James King & Co. was too uncertain.  