Fuller v. Aylesworth

No. 408
Decided Circuit Court of Appeals, Sixth Circuit
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court of the United States for the Eastern District of Michigan
Decided
Judge
TAFT, Circuit Judge
Posture
Judgment entered for plaintiff Aylesworth against Gratiot County on drain warrants, with writ of mandamus to levy assessments
Plaintiffs in error (obligors on supersedeas bond) (1)
FULLER et al.
George P. Stone, Kelly S. Searl
v.
Defendant in error (obligee on supersedeas bond) (1)
AYLESWORTH
Thomas S. Jerome
Other parties: County of Gratiot — Principal in original judgment (defendant in underlying suit)

Overview

The judgment of the circuit court is affirmed, with costs.

Case summary

This case involves an appeal from a circuit court judgment against sureties on a supersedeas bond. The underlying suit concerned drain warrants issued under Michigan law, resulting in a judgment against Gratiot County for $5,120.56 with a mandamus to levy taxes on specific lands to pay the warrants. The county obtained a writ of error to the Supreme Court and filed a supersedeas bond with individual sureties (Fuller et al.) for $10,500. After the Supreme Court affirmed the judgment, the obligee (Aylesworth) sued the sureties on the bond, obtaining a $7,053.01 judgment. The sureties appealed, arguing the bond should only cover costs and damages, not the full judgment, because the original judgment was not a money judgment but merely an order for mandamus. The Circuit Court of Appeals affirmed, holding the judgment was 'for the recovery of money not otherwise secured' under Supreme Court Rule 29, as circuit courts can only issue mandamus ancillary to a money judgment, and the judgment adjudged absolute liability for a sum certain. The court rejected arguments that the judgment was not a money judgment due to the county's representative capacity or that requiring sureties to pay the full amount was inequitable.

Abstract

The case arises from an appeal challenging a judgment against sureties on a supersedeas bond posted to stay enforcement of a circuit court judgment involving drain warrants, which included a money award and mandamus order to levy taxes. The sureties argued the bond covered only costs and damages, not the full judgment amount, claiming it was not a money judgment. The appellate court affirmed, holding the underlying judgment qualified as one for the recovery of money not otherwise secured, as it established absolute liability for a sum certain.

Opinion of the court

Majority
opinion
TAFT, Circuit Judgejoined by BURTON, Circuit Judge, HAMMOND, J.
  • Supersedeas bonds under Rule 29 must cover full judgment amount for money judgments not otherwise secured
  • Judgment against county was a money judgment despite mandamus provision
  • Mandamus in federal court is ancillary to money judgment, not independent suit
  • Sureties liable for full judgment regardless of principal's limited liability

Jurisdiction

not challenged
Subject matter
Federal question jurisdiction under Revised Statutes § 629 (original jurisdiction of suits of civil nature at common law) and § 716 (power to issue writs necessary for exercise of jurisdiction)
Jurisdictional facts
  • Case involves interpretation of federal supersedeas bond requirements under Revised Statutes § 1000 and Supreme Court Rule 29
  • Appeal from circuit court judgment on drain warrants under Michigan law

Procedural posture

Posture at trial
Judgment entered for plaintiff Aylesworth against Gratiot County on drain warrants, with writ of mandamus to levy assessments
Posture on appeal
Writ of error to review circuit court judgment on supersedeas bond liability
Preserved issues
  • Whether supersedeas bond was properly conditioned for full amount of judgment
  • Whether judgment was 'for recovery of money not otherwise secured' under Rule 29

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
FULLER et al. v. AYLESWORTH
Docket number
No. 408
Court
Circuit Court of Appeals, Sixth Circuit
Trial court
Circuit Court of the United States for the Eastern District of Michigan
Decided
Opinion author
TAFT, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
TAFT, Circuit JudgeBURTON, Circuit JudgeHAMMOND, J.

Issues & holdings

5
Issues raised
5
affirmed
5
Holdings
Standard of review

de novo

Disposition rationale

The judgment was 'for the recovery of money not otherwise secured' under Rule 29 because it adjudged absolute liability for a sum certain, enforceable by execution, despite the mandamus provision.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

A judgment adjudging absolute liability to pay a sum certain, awardable by execution, qualifies as a money judgment regardless of the defendant's representative capacity or enforcement limitations.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

The judgment was not otherwise secured because no lien existed on property (taxes not yet levied) and no property was in court custody; security arose only from the judgment itself.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

The bond lawfully required sureties to ensure payment of the judgment; sureties contract individually to perform if principal fails, regardless of the principal's limited liability.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

The bond condition was broken upon affirmance, obligating sureties immediately; no need to wait for tax levy.

Preservation

Issue preserved for review

Holdings of the court

Proper amount of supersedeas bond under Rule 29
The judgment against Gratiot County was 'for the recovery of money not otherwise secured' under Rule 29, requiring a bond for the full amount of the judgment.
Circuit courts lack jurisdiction to issue mandamus as an independent suit; mandamus is ancillary to a money judgment. Here, the judgment adjudged absolute liability for a sum certain, enforceable by execution, making it a money judgment. No lien or custody of property secured it otherwise.
unanimousbinding precedent
Definition of 'judgment for the recovery of money'
A judgment adjudging a defendant absolutely liable to pay a sum certain, awarding execution, and satisfiable by payment qualifies as a money judgment, regardless of the defendant's representative capacity or enforcement limitations.
Analogized to judgments against executors (de bonis testatoris) or with limited enforcement; the key is adjudication of liability for a monetary sum.
unanimousbinding precedent
Meaning of 'otherwise secured' in Rule 29
A judgment is 'not otherwise secured' when the court lacks a lien on property or custody of property to satisfy the claim, relying solely on the judgment for security.
Rule 29's examples show 'otherwise secured' refers to cases where property follows the decree or is in court custody; here, no taxes were levied yet, so no lien existed.
unanimousbinding precedent
Equity and power to require bond for full judgment
The circuit court properly required a bond conditioned for payment of the full judgment, as sureties individually contract to perform if the principal fails, irrespective of the principal's limited liability.
Sureties cannot escape liability by arguing the principal lacks funds; bond enforces the judgment's payment obligation.
unanimousbinding precedent
Timing of judgment on bond
Judgment on the bond is obtainable immediately upon affirmance of the underlying judgment, without waiting for tax levy.
The bond condition breaks when the writ of error fails (affirmance), triggering sureties' obligation to pay.
unanimousbinding precedent

Error analysis

  • Circuit court erred in holding supersedeas bond required payment of full judgment amount, as judgment was not for recovery of money but for mandamus — procedural · no error foundNot applicable · not applicable
  • Circuit court erred in entering judgment on bond immediately without waiting for tax levy — procedural · no error foundNot applicable · not applicable

Statutory interpretation

3
Statute
Revised Statutes § 1000
Question
Requirements for supersedeas bonds
Court's reading
Requires security for prosecution of writ to effect and payment of damages/costs
Canons applied
Plain meaningContext with Rule 29
Statute
Supreme Court Rule 29 (3 Sup. Ct. xvi)
Question
When bond must be for full judgment amount vs. costs only
Court's reading
Full amount required for 'judgment for recovery of money not otherwise secured'; otherwise, costs/damages only
Canons applied
Plain meaningExamples in rule
Statute
Revised Statutes §§ 629, 716 (Judiciary Act)
Question
Circuit court jurisdiction over mandamus
Court's reading
Circuit courts lack original mandamus jurisdiction; mandamus is ancillary to money judgments
Canons applied
Historical interpretationSupreme Court precedent

Burden of proof

Prosecution burden
Preponderance of evidence in civil action on bond
Burden met
true

Standards of review

  • Interpretation of Supreme Court Rule 29 and Revised Statutes § 1000 regarding supersedeas bonds — de novo Legal interpretation of federal rules and statutes reviewed de novo
  • Characterization of the judgment as a money judgment — de novo Legal determination of judgment nature reviewed de novo

Timeline

6
Events
2,223
Days, incident to ruling
—
Span
trial eventcited in opinion

Jury verdict rendered in favor of Aylesworth against Gratiot County for $4,868.74 damages

Outcome: Verdict for plaintiff

Established damages amount for drain warrants

Character of judgment as money judgment
Henry M. Aylesworth · County of Gratiot · Jury trial court
filingcited in opinion

Circuit court enters judgment for $5,120.56 (including interest) with mandamus to levy taxes on specific lands

Outcome: Judgment entered with mandamus provision

Formal judgment that was superseded

Whether judgment was for recovery of money
Circuit Judge Brown trial court
appeal eventcited in opinion

Writ of error allowed to Supreme Court

Outcome: Writ granted

Initiated appellate review of original judgment

Appeal bond requirements
County of Gratiot supreme court
filingcited in opinion

Supersedeas bond executed by individual sureties (Fuller et al.) for $10,500 to stay execution pending Supreme Court review

Outcome: Bond filed staying execution

Bond at center of appeal regarding its proper amount and condition

Supersedeas bond requirements
M. McVeigh · W. Kuhlman · B. Sharp · S. Hile · Chas. Shafer · L. J. Fuller · T. Lewis · W. O. Stone · N. B. Johnson · J. F. Jones · W. A. Furman · J. S. Parker · H. O. Burlingame · Henry M. Aylesworth Eastern District of Michigan trial court
appeal eventcited in opinion

Supreme Court affirms judgment by equally divided court, mandate issues

Outcome: Judgment affirmed

Condition of supersedeas bond triggered (failure to prosecute writ to effect)

Bond condition broken upon affirmance
Supreme Court supreme court
procedural eventcited in opinion

Circuit court orders execution on original judgment and enters judgment against sureties on bond for $7,053.01

Outcome: Judgment against sureties

Gave rise to current appeal

Enforcement of bond
Circuit court trial court

Facts & evidence

Incident

Location
Gratiot County, Michigan (lands in Arcada, Newark, and New Haven townships)

Key facts

6 facts
  1. Henry M. Aylesworth held drain warrants issued under Michigan drain laws of 1869/1871
  2. Original suit resulted in judgment against Gratiot County for $5,120.56 plus costs, with mandamus to levy taxes on specific lands to pay warrants
  3. County obtained writ of error to Supreme Court and filed supersedeas bond with individual sureties (Fuller et al.) for $10,500
  4. Supreme Court affirmed judgment by equally divided court
  5. Aylesworth sued sureties on bond in circuit court, obtaining judgment for $7,053.01
  6. Sureties appealed, arguing bond should only cover costs and damages, not full judgment amount

Procedural history

6 steps
  1. Original judgment rendered by Circuit Judge Brown (Aylesworth v. Gratiot Co., 43 Fed. 350)
  2. Writ of error taken to Supreme Court with supersedeas bond filed October 13, 1890
  3. Supreme Court affirmed judgment by equally divided court
  4. Mandate issued to circuit court for execution
  5. Circuit court entered judgment against sureties on bond
  6. Sureties appealed to Circuit Court of Appeals

Evidence in the record

Documentary
  • Supersedeas bond dated October 13, 1890
  • Drain warrants issued under Michigan Acts of 1869/1871
  • Original circuit court judgment with mandamus provision
  • Supreme Court mandate affirming judgment
Challenged
  • Evidence type: Supersedeas bond · Challenge basis: Proper amount under Rule 29 · Trial court ruling: admitted · Reasoning: Bond properly conditioned for full judgment amount as judgment was for recovery of money not otherwise secured · Challenged on appeal: true · Appellate outcome: affirmed

Jury

Verdict
Judgment for plaintiff Aylesworth against sureties for $7,053.01
Jury instructions given
  • Circuit court charged jury that bond required obligors to pay full amount of superseded judgment

Sentencing

Sentence imposed
Judgment for $7,053.01 against sureties
Sentence type
discretionary

Objects of relevance

Drain warrants as documentary evidence of debtSupersedeas bond as contractual document

Policy considerations

  • Ensuring adequate security for judgments pending appeal
  • Uniform application of federal supersedeas bond rules
  • Protecting judgment creditors from delay

Authorities

Cited authorities (7)

33 Wall. 244
followedprecedent
Bath Co. v. Amy - circuit courts lack independent mandamus jurisdiction
Established circuit courts lack independent mandamus jurisdiction
102 U.S. 187
followedprecedent
County of Greene v. Daniel - mandamus is in nature of execution on money judgment
Mandamus is in nature of execution to carry judgment into effect
120 U.S. 450
followedquotedprecedent
Rosenbaum v. Bauer - mandamus is award of execution on judgment
at 120 U.S. 450, 7 Sup. Ct. 635 The issue of the mandamus is an award of execution on the judgment
Fed. Cas. No. 7,517
followedprecedent
Jordan v. Cass Co. - judgment may be molded to conform to rights under law
Support for judgment against county in representative capacity
95 U.S. 360
followedprecedent
County of Cass v. Johnston - approved Judge Dillon's reasoning
101 U.S. 7
followedprecedent
Babbitt v. Finn - bond condition broken upon affirmance
Sureties liable when writ not prosecuted to effect
103 U.S. 554
distinguisheddistinguished
Supervisors v. Kennicott - distinguished as decree for sale, not money judgment
Not a money judgment but decree for sale of property

Related cases (7)

Bath Co. v. Amy, 33 Wall. 244
prior appeal
Established circuit courts lack independent mandamus jurisdiction
County of Greene v. Daniel, 102 U.S. 187
prior appeal
Mandamus is in nature of execution on money judgment
Rosenbaum v. Bauer, 120 U.S. 450
prior appeal
Mandamus is award of execution on judgment
Jordan v. Cass Co., Fed. Cas. No. 7,517
prior appeal
Judgment may be molded to conform to rights under law, supporting judgment against county in representative capacity
County of Cass v. Johnston, 95 U.S. 360
prior appeal
Approved Judge Dillon's reasoning in Jordan
Babbitt v. Finn, 101 U.S. 7
prior appeal
Bond condition broken upon affirmance; sureties liable
Supervisors v. Kennicott, 103 U.S. 554
prior appeal
Distinguished as decree for sale of property, not money judgment

Statutes

  • Revised Statutes § 1000 (supersedeas bonds)
  • Supreme Court Rule 29 (3 Sup. Ct. xvi) (bond amount requirements)
  • Revised Statutes §§ 629, 716 (federal mandamus jurisdiction)
  • Michigan Drain Laws of 1869/1871 (underlying drain warrants)

Standards & doctrines

  • De novo review for legal interpretation of federal rules and statutes
  • Ancillary mandamus doctrine in federal courts

Legal principles applied

  • Federal courts lack original jurisdiction over mandamus suits; mandamus is ancillary to money judgments
  • Judgments adjudicating absolute liability for sum certain are money judgments regardless of enforcement limitations

Notable quotes

“The writ of mandamus in the circuit courts is never an independent suit... but it is only 'a proceeding ancillary to the judgment which gives the jurisdiction, and when issued becomes a substitute for the ordinary process of execution.'”
majority — Explaining federal mandamus jurisdiction
Key to holding that underlying judgment was a money judgment
“A 'judgment for the recovery of money' is one which adjudges a defendant either as an individual or in a representative capacity absolutely liable to pay a sum certain to the plaintiff, and awards execution therefor.”
majority — Defining money judgment for Rule 29 purposes
Broad definition supporting affirmance
Index terms76
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Entities and documentation
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Action type
affirmed
Target
circuit court judgment against sureties on supersedeas bond
Appealed from
Circuit Court for Eastern District of Michigan
Context
The Circuit Court of Appeals affirms the judgment holding sureties liable for full amount of superseded money judgment, as bond was properly conditioned under Rule 29.
Scope
full
Disposition vote
unanimous
Action type
affirmed
Target
Supreme Court judgment on underlying drain warrant case
Appealed from
Supreme Court
Context
Supreme Court affirmed original judgment by equally divided court, triggering bond condition.
Scope
full
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