American Surety Co. of NY v. Shulz

Citations

• 237 U.S. 159
• 35 S. Ct. 525
• 59 L. Ed. 892
• 1915 U.S. LEXIS 1321

Syllabus

<p>Under § 24, Judicial Cpde, 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.</p> <p>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.</p>