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In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
[Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out ...
The bond required to obtain a stay of execution of a judgment while the judgment is being appealed is a supersedeas bond, also referred to as an appeal bond." [ 9 ] In Texas , the amount of a supersedeas bond (referred to as "security for judgments pending appeal" in the Texas Civil Practice and Remedies Code) is determined as follows: [ 10 ]
If the death sentence is found to be legally sound, the stay is lifted. One example of a stay of execution in the death penalty context was the James Autry case. Autry was already strapped down to the execution table in Texas on 4 October 1983 when the order came to stop the execution. He was executed a few months later, on 14 March 1984.
A petition for stay is a legal action filed in an appeals court asking the court to stop (stay) the decision of a lower court. [1]: 871 ...
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