Brown v. Northwestern Mut. Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. Appeal from the Circuit Court of the United States for the District of Nebraska.
1Opinion of the Court
SANBORN, Circuit Judge.
These cases involve a summary judgment rendered in a foreclosure suit against the sureties on a supersedeas bond given on an appeal from an order confirming a sale under a decree of foreclosure. This judgment is assailed both by writ of error and by appeal. It is a judgment in the foreclosure suit, and can be challenged by appeal only. The writ of error is accordingly dismissed, and the case presented by the appeal is considered.
The serious question in the case was certified to the supreme court, and has been answered in the affirmative. It was:
“Is the obligee in a…
2Cases cited4 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- Catlett v. BrodieSupreme Court of the United States · 1824
- Woodworth v. Northwestern Mutual Life InsuranceSupreme Court of the United States · 1902
- O'Reilly v. EdringtonSupreme Court of the United States · 1878
3Cited by3 opinions
- Egan v. Chicago Great Western Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1908
- Perry v. Tacoma Mill Co.Court of Appeals for the Ninth Circuit · 1907
- Gay v. Hudson River Electric Power Co.U.S. Circuit Court for the District of Northern New York · 1911