United States Supreme Court Cases & Opinions

U.S. Supreme Court

Haskins v. St. Louis & Southeastern Ry. Co., 109 U.S. 106 (1883)

Haskins v. St. Louis and Southeastern Railway Company

Submitted October 9, 1883

Decided October 29, 1883

109 U.S. 106

Syllabus

The authority conferred by Rev.Stat. § 1000 to certify to the responsibility of an obligor on an appeal bond cannot be delegated. After close of term, citation must issue and be served before the security can be approved and the appeal completed so as to give jurisdiction above.

Page 109 U. S. 107

A receiver was appointed in a suit in equity commenced below for the foreclosure of a railway mortgage. One Haskins, in the employ of the receiver, struck his head on the timber of a bridge while on duty on a train in motion, and was killed. Leave was granted to his widow to prosecute her claim for damages in the foreclosure suit. After hearing, the claim was disallowed. Appeal was taken, and the case submitted by appellant, there being no appearance for the appellees.