Ex parte Sawyer

CourtUnited States Supreme Court
Citation21 Wall. 235,22 L.Ed. 617,88 U.S. 235
Decision Date01 October 1874
PartiesEX PARTE SAWYER

88 U.S. 235
22 L.Ed. 617
21 Wall. 235
EX PARTE SAWYER.
October Term, 1874

Page 236

ON petition for mandamus to the circuit judge for the New York Circuit. The case was thus:

Sawyer and others libelled Oakman in admiralty in the District Court of Massachusetts and got a decree against him. Oakman appealed to the Circuit Court for that district, but the presiding justice of it, having been counsel in the cause, or otherwise disqualified, it was transferred, under the act of Congress providing for such cases, to the Circuit Court for New York circuit.*

After this transfer, an order was made in the Circuit Court of New York that the decree of the District Court be carried into effect, unless the appellant gave stipulation by security of himself and two sureties for the payment of all damages and costs on the appeal to the said Circuit Court, and in this court, in the sum of $10,000.

Hereupon Oakman, without its being seen or approved by the court, filed ex parte a certificate, intended as 'stipulations,' signed by the commissioner of the Massachusetts circuit, and certifying that Oakman, as principal, and James Lee, Jr., and Wade Davis, as sureties, were bound in $10,000 that Oakman should pay all damages and costs which might be awarded against him in the suit. The paper was not signed by either the principal or the sureties, and herein was not in conformity to the rules about stipulations of the New York circuit.

On subsequently hearing the appeal, the Circuit Court for New York affirmed the decree of the District Court, and

Page 237

adjudged that the appellees recover of the appellant the sum of $7970. The decree then proceeded as follows:

'And it is further ordered, adjudged, and decreed that unless an appeal be taken from this decree within the time prescribed by law, a summary judgment therefor be entered in favor of the said libellants, appellees, and against James Lee, Jr., and Wade Davis (sureties on appeal from the District Court in the sum of $10,000, the amount of their stipulations by them given on said appeal), and that the said appellees have execution therefor, to satisfy said decree.'

Within the time prescribed by law an appeal was taken to this court, where the decree of the Circuit Court was affirmed and the cause remanded with instructions to the effect 'that such execution and proceedings be had in said cause as according to right and justice and the laws of the United States ought to be had, the said appeal notwithstanding.' Upon the filing of this mandate the libellants moved the Circuit Court for a decree charging the sureties upon the stipulation and ordering execution against them. This motion the circuit judge refused to grant, and instead ordered that the sureties show cause, if any they had, why such execution should not issue. Afterwards, upon cause shown, the court, for the first time, observed the peculiar form of the paper purporting to be the stipulations, and that it was not executed according to its rules. It accordingly held that the sureties were not liable upon the alleged stipulation, and refused to decree or award execution against them.

The libellants now moved this court for a mandamus requiring the Circuit Court to cause such decree and order to be entered.

Mr. John Lathrop, in support of the motion.

1. The judgment against the sureties rendered by the Circuit Court was a final judgment against them, and not a conditional one. If it was not final against the sureties, it was not against the principal. Both, so far as the judgment is concerned, stand on the same...

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18 practice notes
  • Braithwaite v. Jordan
    • United States
    • United States State Supreme Court of North Dakota
    • 28 Octubre 1895
    ...S. 600. See, also, The Alligator, 1 Gall. 145, Fed. Cas. No. 248; Sawyer v. Oakman, 11 Blatchf. 65, Fed. Cas. No. 12,403; Ex parte Sawyer, 21 Wall. 235. Mr. Conklin, in his work on Admiralty Practice, in which he declares that bonds and stipulations are placed in the same category, so far a......
  • Roche v. Evaporated Milk Ass, No. 584
    • United States
    • United States Supreme Court
    • 3 Mayo 1943
    ...parte Republic of Peru, supra, 63 S.Ct. 797, and cases cited; Ex parte Newman, 14 Wall. 152, 165, 166, 169, 20 L.Ed. 877; Ex parte Sawyer, 21 Wall. 235, 238, 22 L.Ed. 617; Interstate Commerce Commission v. United States ex rel. Campbell, 289 U.S. 385, 394, 53 S.Ct. 607, 611, 77 L.Ed. 1273. ......
  • Holub Industries, Inc. v. Wyche, No. 8303.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 13 Mayo 1961
    ...318 U.S. at page 584, 63 S.Ct. at page 797 and cases cited; Ex parte Newman, 14 Wall. 152, 165-166, 20 L.Ed. 877 169; Ex parte Sawyer, 21 Wall. 235, 238 22 L.Ed. 617; Interstate Commerce Comm\'n v. United States ex rel. Campbell, 289 U.S. 385, 394, 53 S.Ct. 607, 77 L.Ed. 1273. Even in such ......
  • Ex parte Roe. riginal, No. 13
    • United States
    • United States Supreme Court
    • 25 Mayo 1914
    ...13, 14 L. ed. 302, 306; Ex parte Many, 14 How. 24, 14 L. ed. 311; Ex parte Newman, 14 Wall. 152, 169, 20 L. ed. 877, 888; Ex parte Sawyer, 21 Wall. 235, 22 L. ed. 617; Ex parte Flippin, 94 U. S. 348, 24 L. ed. 194; Ex parte Loring, 94 U. S. 418, 24 L. ed. 165; Ex parte Des Moines & M. R......
  • Request a trial to view additional results
18 cases
  • Braithwaite v. Jordan
    • United States
    • United States State Supreme Court of North Dakota
    • 28 Octubre 1895
    ...S. 600. See, also, The Alligator, 1 Gall. 145, Fed. Cas. No. 248; Sawyer v. Oakman, 11 Blatchf. 65, Fed. Cas. No. 12,403; Ex parte Sawyer, 21 Wall. 235. Mr. Conklin, in his work on Admiralty Practice, in which he declares that bonds and stipulations are placed in the same category, so far a......
  • Roche v. Evaporated Milk Ass, No. 584
    • United States
    • United States Supreme Court
    • 3 Mayo 1943
    ...parte Republic of Peru, supra, 63 S.Ct. 797, and cases cited; Ex parte Newman, 14 Wall. 152, 165, 166, 169, 20 L.Ed. 877; Ex parte Sawyer, 21 Wall. 235, 238, 22 L.Ed. 617; Interstate Commerce Commission v. United States ex rel. Campbell, 289 U.S. 385, 394, 53 S.Ct. 607, 611, 77 L.Ed. 1273. ......
  • Holub Industries, Inc. v. Wyche, No. 8303.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 13 Mayo 1961
    ...318 U.S. at page 584, 63 S.Ct. at page 797 and cases cited; Ex parte Newman, 14 Wall. 152, 165-166, 20 L.Ed. 877 169; Ex parte Sawyer, 21 Wall. 235, 238 22 L.Ed. 617; Interstate Commerce Comm\'n v. United States ex rel. Campbell, 289 U.S. 385, 394, 53 S.Ct. 607, 77 L.Ed. 1273. Even in such ......
  • Ex parte Roe. riginal, No. 13
    • United States
    • United States Supreme Court
    • 25 Mayo 1914
    ...13, 14 L. ed. 302, 306; Ex parte Many, 14 How. 24, 14 L. ed. 311; Ex parte Newman, 14 Wall. 152, 169, 20 L. ed. 877, 888; Ex parte Sawyer, 21 Wall. 235, 22 L. ed. 617; Ex parte Flippin, 94 U. S. 348, 24 L. ed. 194; Ex parte Loring, 94 U. S. 418, 24 L. ed. 165; Ex parte Des Moines & M. R......
  • Request a trial to view additional results

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