Huron Holding Corp. v. Lincoln Mine Operating Co., 312 U.S. 183 (1941)

Huron Holding Corporation v. Lincoln Mine Operating Co.


No. 212


Argued January 13, 1941
Decided February 3, 1941
312 U.S. 183

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Pending appeal to the Circuit Court of Appeals from a judgment of the federal District Court for Idaho, a third party sued the judgment creditor in a state court in New York and a warrant of attachment was issued attaching the judgment debt in the hands of the judgment debtor in New York. After the Circuit Court of Appeals had affirmed the judgment of the District Court, but before the mandate issued, the New York court rendered judgment against the judgment creditor and execution was had against the attached debt.

Held:

1. The validity of the attachment was governed by the law of New York, and, by that law, the attachment was valid. P. 188.

2. Having paid the judgment debt under compulsion of the execution, the judgment debtor was entitled to have the judgment of the federal court for Idaho marked satisfied, and the surety was not chargeable on its supersedeas bond. Pp. 189, 194.

111 F.2d 438 reversed.

Certiorari, 311 U.S. 625, to review the reversal of judgments of the District Court, 27 F.Supp. 720, holding that an earlier judgment of that court had been satisfied, and declining to enter judgment against the surety on a supersedeas bond.