United States Supreme Court Cases & Opinions

U.S. Supreme Court

Elliot v. Lombard, 292 U.S. 139 (1934)

Elliot v. Lombard

No. 463

Argued March 6, 1934

Decided April 9, 1934

292 U.S. 139

Syllabus

Read in connection with 28 U.S.C. § 754, and Admiralty Rules 5, 6, 11, and 12, under which a stipulation with surety was given by a claimant to release and stand as substitute for an attached vessel, a decree which awards damages to the libelant against the claimant alone, grants execution against both the claimant and surety if the award is not satisfied or an appeal taken within a time specified, and dismisses a cross-libel filed by the claimant -- held not a joint decree against the claimant and surety within the spirit of the rule requiring that, to appeal from a decree that is joint on the face of the record, both parties must join in the appeal or there must be a summons and severance. Hartford Accident & Ind. Co. v. Bunn, 285 U. S. 169, distinguished.

66 F.2d 662 reversed.

Certiorari, 290 U.S. 619, to review a decree dismissing an appeal in a suit in admiralty. The decree of the trial court was against claimant and surety. The court below had declined to permit the surety to join in the claimant's appeal after the time for appeal had expired.