Davis v. Preston, 280 U.S. 406 (1930)

Davis v. Preston

No. 188

Argued January 23, 1930
Decided February 24, 1980
280 U.S. 406

CERTIORARI TO THE SUPREME COURT OF TEXAS

Syllabus

1. One who, as Federal Agent, suffered judgment in an action under the Employers’ Liability Act for death of a railroad employee occurring during federal control ceased to be liable and was without standing to invoke a review of the judgment when he ceased to be Federal Agent.

2. When, in such a case, a writ of certiorari to a state supreme court was petitioned for by both the retired Federal Agent and the surety on his appeal bonds below, who had been adjudged to pay costs, and the certiorari was granted, held:

(1) That the writ must be dismissed as to the main petitioner. P. 408.

(2) That the adjudication of liability for costs, which had not been made a ground of complaint, did not enable the surety to complain of the judgment in other particulars. Id.

(3) That the Federal Agent’s successor in office could not be substituted in this court upon motion made after the statutory time within which he might have invoked a review of the judgment by certiorari had expired. Id.

3. The provisions relating to substitution, which were added to § 206 of the Transportation Act by Act of March 3, 1923, do not enable a former Federal Agent to invoke a review by this Court of a judgment which is of no legal concern to him, nor do they modify or enlarge the statutory period for involving the reviewing powers of this Court. Id.

Certiorari to 118 Tex 303 dismissed.

Certiorari, post, p. 539, to review a judgment of the Supreme Court of Texas affirming a judgment against the Federal Agent in an action under the Federal Employers’ Liability Act.