American Surety Co. v. Shulz, 237 U.S. 159 (1915)

American Surety Co. v. Shulz

No. 643

Argued February 23, 1915
Decided April 5, 1915
237 U.S. 159

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Under § 24, Judicial Code, the district court has jurisdiction of a suit to enforce a supersedeas bond given under §§ 1000 and 1007, Rev.Stat. Such a suit is one of a civil nature arising under the Constitution or laws of the United States even though the suit in which the bond was given was not one so arising.

A supersedeas bond is not a substitute for the judgment in a civil suit for which it is given -- the judgment and bond are distinct; the former rises out of the common law and the latter out of a law of the United States.

The facts, which involve the jurisdiction of the district court of the United States under § 24 Judicial Code, are stated in the opinion.