The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 955
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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PACIFIC COAST CASUALTY CO. V. HARVEY
ject-matter of the litigation. To that end, a further order of the court was
asked; but such an order would be in aid of the execution of the decree which
has been stayed, and consequently beyond the power ot the court to make un-
til the appeal is disposed of. While the court below nmy make the neces-
sary orders to preserve the fund, and direct its receiver to that extent, it
cannot place the money bed ond the control of any decree that may be made
here, for that would be to defeat our jurisdiction. A supersedeas is not ob-
tained by virtue of any process issued by this court, but it follows as a matter
of law itrm a compliance by the appellant with the provisions of the act of
Congress in that behalf. We are not required, therefore, to issue any writ to
perfect the right of a party to that which the law has given him."
The decree of this the Circuit Court of Appeals in Harvey v. Stowe
was of such a character that, upon dismissal of the suit or proceeding,
the main relief sought, the release of the shares of stock held in cus-
tody, would have necessarily followed.
[5] Appellant urges that the appeal from the Circuit Court of Ap-
peals to the Supreme Court operated to supersede the decree of this
court and that the intermediate decree of this court could embrace noth-
ing to be superseded. This argument cannot stand in the light of the
decision of the Supreme Court, which affirmed the decree of the Cir-
cuit Court of Appeals. Louisville & Nashville Railroad Co. v. Behlmer,
169 U. S. 644, 18 Sup. Ct. 502, 42 L. Ed. 889, relied upon by the appel-
lant, is to be distinguished, because the real question there involved
was whether on appeal to the Supreme Court the provisions of the In-
terstate Commerce Act (Act Feb. 4, 1887, c. 104, 24 Stat. 379) applied,
so that an appeal should not operate as a supersedeas. It was decided
that the act was only applicable to appeals from the trial court, and
that, where appeal was taken from the Circuit Court of Appeals, the
general statutes and rules obtained, and supersedeas was permitted as
in other cases. Rule 29 of the Supreme Court (33 Sup. Ct. xxvi) con-
templates that supersedeas bonds in the District Courts and the Circuit
Courts of Appeal must be taken, and we think it fairly inferable that
such rule construes the Revised Statutes as requiring a supersedeas
bond in all cases of appeals from the Circuit Courts of Appeal when
the decree is "for money not otherwise secured." The distinction is
plain between the effect of an appeal upon the power of the inferior
court to take further judicial action and the execution of a judgment
or decree of the inferior court, which is not suspended unless a super-
sedeas bond is had. Slaughter House Cases, 10 Wall. 273, 19 L. Ed.
915.
[8] The fact that appellee's costs had not been taxed when the su-
persedeas bond was given is immaterial. The taxation of costs was a
formality; nevertheless it was one of the proceedings suspended or
stayed by the bond on which the Casualty Company became surety.
Hovey v. McDonald, 109 U. S. 150, 3 Sup. Ct. 136, 27 L. Ed. 888.
[7] It is not of special importance that the claim of Mrs. Harvey
arose solely out of costs. Moreover, the bond recites the rendition and
entry of the decree of this court in Harvey v. Stowe, and it would seem
that the obligors are estopped in a proceeding against them to make
collateral question of that decree. Dexter-Horton v. Sayward (C. C.)
84 Fed. 296; 2 Cyc. 261.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/970/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.