Egan v. Chicago Great Western Ry. Co.
U.S. Circuit Court for the District of Northern Iowa
At Law. On motion of the plaintiff for judgment against the Metropolitan Surety Company, as surety upon a supersedeas bond.
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At Law. On motion of the plaintiff for judgment against the Metropolitan Surety Company, as surety upon a supersedeas bond. The plaintiff, as administratrix of the estate of Charles H. Egan, deceased, recovered in this court, April 28, 1906, judgment against the Chicago Great Western Railway Company in tho sum of $8,000, as damages, and costs, for the wrongful and negligent killing of the deceased while he was in the employ of the railway company as a conductor upon one of its trains running between Dubuque and Oeiwein, in this state. The railway company in due time sued out a writ of error…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The execution of the supersedeas bond by the surety company, the stay of execution upon plaintiff’s judgment against the railway company because thereof, the affirmance of the judgment by the Court of Appeals, and its nonpayment are not disputed. The principal contention of the surety company is that this court is without authority, statutory or otherwise, to render summary judgment against it upon its undertaking, and that plaintiff’s only remedy is an ordinary action upon the bond. It may be conceded that there is no act of Congress other than the…
2Cases cited24 opinions
- Blossom v. The Milwaukee, &C., Railroad CompanySupreme Court of the United States · 1864
- Beall v. New MexicoSupreme Court of the United States · 1873
- Shepard v. AdamsSupreme Court of the United States · 1898
- Catlett v. BrodieSupreme Court of the United States · 1824
- Jerome v. McCarterSupreme Court of the United States · 1874
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3Cited by9 opinions
- Martin v. ClarkeCourt of Appeals for the Seventh Circuit · 1939
- Lamon v. Speer Hardware Co.Court of Appeals for the Eighth Circuit · 1912
- American Surety Co. of New York v. North Packing & Provision Co.Court of Appeals for the First Circuit · 1910
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- State v. BakerSupreme Court of Iowa · 1956
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