In re Woerishoffer

No. 507
Decided Circuit Court of Appeals, Fifth Circuit
Disposition
denied
full scope · unanimous
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Court
Circuit Court for the Eastern District of Texas
Decided
Judge
PARDEE, Circuit Judge
Posture
Multiple decrees rendered in circuit court case John W. Smith v. The Texas & Western Railway Company et al.
Petitioners/Applicantss (2)
F. C. Renner and H. Summerboff (alleging to compose the firm of Woerishoffer & Co.)
g. W. Jones, E. B. Kruttsclmitt
v.
Respondent (1)
John W. Smith v. The Texas & Western Railway Company et al. (the underlying case)
W. C. Oliver

Overview

The application for a writ of prohibition is denied, and the temporary order issued is dissolved, with costs.

Case summary

F.C. Renner and H. Summerboff, alleging to be the firm Woerishoffer & Co., applied to the Circuit Court of Appeals for a writ of prohibition to stay execution of six decrees rendered in the circuit court case John W. Smith v. The Texas & Western Railway Company et al., claiming they had perfected an appeal with supersedeas bond. The court denied the application, holding that the record showed applicants were not parties or privies to the underlying suit, their first application for appeal was made more than 60 days after the last decree without bond or assignment of errors, and a prior bond naming the firm was deficient (lacking individual names, party status, term approval, specific decree, or citations). Thus, no appeal was perfected within statutory requirements, and no supersedeas operated.

Abstract

Applicants claiming to represent a firm sought a writ of prohibition to stay execution of decrees in an underlying railway case, asserting they had perfected an appeal with a supersedeas bond. The court denied the application, finding the applicants were not parties or privies to the suit, their appeal was filed late without proper bond or assignment of errors, and a prior bond was deficient in multiple respects. No appeal was perfected within statutory requirements, so no supersedeas operated, and the temporary order was dissolved with costs.

Opinion of the court

Majority
opinion
PARDEE, Circuit Judgejoined by McOORMICK, Circuit Judge, SPEER, District Judge
  • Applicants not parties/privies to underlying suit
  • Appeal not taken within 60 days of decrees
  • Bond deficiencies: no individual names, party status, term approval, specific decree, or citations
  • No supersedeas perfected under law/court rules

Jurisdiction

not challenged
Subject matter
Appellate jurisdiction over appeals from circuit court decrees
Jurisdictional facts
  • Application for writ of prohibition to stay execution of circuit court decrees

Procedural posture

Posture at trial
Multiple decrees rendered in circuit court case John W. Smith v. The Texas & Western Railway Company et al.
Posture on appeal
Application for writ of prohibition to stay execution of decrees pending appeal
Preserved issues
  • Whether applicants properly perfected an appeal with supersedeas bond

Legal categories

Business

Case record

Full case name
In re Woerishoffer et al.
Docket number
No. 507
Court
Circuit Court of Appeals, Fifth Circuit
Trial court
Circuit Court for the Eastern District of Texas
Decided
Opinion author
PARDEE, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
PARDEE, Circuit JudgeMcOORMICK, Circuit JudgeSPEER, District Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Applicants failed to meet requirements for perfecting appeal: not parties/privies, appeal not taken within 60 days, bond deficient

Preservation

Issue preserved for review

Holdings of the court

Whether applicants perfected an appeal with supersedeas bond
Applicants did not perfect an appeal or give a bond operating as supersedeas
Record shows applicants were not parties/privies; first application made >60 days after last decree; November 27 bond deficient (no individual names, party status, term approval, specific decree, or citations); appeal not perfected within statutory timeframe
unanimousbinding precedent

Error analysis

  • Circuit court proceeding with execution of decrees despite alleged appeal with supersedeas — procedural · no error foundNot applicable as no error found · not applicable

Statutory interpretation

1
Statute
Appeal perfection requirements (implied from case law citations)
Question
What constitutes perfecting an appeal with supersedeas bond
Court's reading
Appeal must be taken within 60 days; bond must show individual names, party status, be approved during term if applicable, specify decree, include citations; non-parties cannot appeal
Canons applied
Plain meaningPrecedent application

Standards of review

  • Whether appeal was properly perfected with supersedeas bond — de novo Legal requirements for perfecting an appeal and obtaining supersedeas are reviewed de novo

Timeline

8
Events
540
Days, incident to ruling
—
Span
rulingcited in opinion

Decree rendered in John W. Smith v. The Texas & Western Railway Company et al.

One of the decrees applicants seek to stay

Circuit Court trial court
rulingcited in opinion

Decree rendered in underlying case

First of series of October 1895 decrees

Circuit Court trial court
rulingcited in opinion

Last of October 1895 decrees rendered

Last decree from which Elijah Smith and Texas Western Railway Company appealed

Circuit Court trial court
rulingcited in opinion

Final decree rendered in underlying case

Last decree mentioned in application

Circuit Court trial court
filingcited in opinion

Appeal bond filed naming Woerishoffer & Co. as principal, approved by district judge after term adjournment

Outcome: Bond approved but lacking required elements

Bond does not show individual names, party status, term approval, specific decree, or citations

Elijah Smith · Texas Western Railway Company · District Judge trial court
filingcited in opinion

Applicants first apply for appeal, more than 60 days after last decree, with no bond or assignment of errors

Outcome: Application referred to circuit judge

Application made outside statutory timeframe

F.C. Renner · H. Summerboff trial court
rulingcited in opinion

Circuit judge grants appeal from the decrees

Outcome: Appeal granted

Formal order granting appeal

Circuit Judge trial court
filingcited in opinion

Bond filed and citations issued following April 17 order

Outcome: Bond and citations filed

Attempt to perfect appeal after statutory timeframe

Applicants trial court

Facts & evidence

Incident

Date
Various dates in 1894-1895
Location
Circuit Court for the Eastern District of Texas

Key facts

8 facts
  1. Applicants F.C. Renner and H. Summerboff allege to be the firm Woerishoffer & Co.
  2. They seek to prohibit execution of six decrees rendered in John W. Smith v. The Texas & Western Railway Company et al. (Nov 4, 1894; Oct 25-30, 1895; Nov 12, 1895)
  3. Record shows applicants were not parties or privies to the underlying suit
  4. First application for appeal made January 23, 1896 (>60 days after last decree)
  5. Initial application had no bond or assignment of errors
  6. Appeal granted April 17, 1896; bond filed April 27, 1896
  7. Earlier appeal by Elijah Smith and Texas Western Railway Company (Oct 25-30, 1895 decrees) was docketed and dismissed for want of prosecution
  8. Bond from November 27, 1895 names Woerishoffer & Co. as principal but lacks individual names, party status, term approval, specific decree, or citations

Disputed questions

  • Whether applicants properly perfected an appeal with supersedeas bond within required timeframes

Procedural history

7 steps
  1. Multiple decrees rendered in circuit court (1894-1895)
  2. Elijah Smith and Texas Western Railway Company allowed appeal in open court (within 60 days of Oct 1895 decrees)
  3. November 27, 1895 bond filed naming Woerishoffer & Co. as principal
  4. January 23, 1896: Applicants first apply for appeal
  5. April 17, 1896: Appeal granted by circuit judge
  6. April 27, 1896: Bond filed and citations issued
  7. Application for writ of prohibition filed in Circuit Court of Appeals

Evidence in the record

Documentary
  • Record of circuit court proceedings
  • Appeal application dated January 23, 1896
  • Bond filed November 27, 1895 naming Woerishoffer & Co.
  • Order granting appeal April 17, 1896
  • Bond and citations filed April 27, 1896
Challenged
  • Evidence type: November 27, 1895 appeal bond · Challenge basis: Deficiencies under appeal perfection requirements · Trial court ruling: admitted · Reasoning: Bond approved but lacking required elements · Challenged on appeal: true · Appellate outcome: affirmed

Authorities

Cited authorities (8)

The Protector, 11 Wall. 82
appliedprecedent
Appeal in firm name without individual names must be dismissed
Moore v. Simonds, 100 U.S. 145
distinguishedprecedent
Amendment of appeal record possibility
Bayard v. Lombard, 9 How. 530
followedquotedprecedent
Non-parties cannot appeal
Ex parte Cockcroft, 104 U.S. 578
followedprecedent
Non-parties cannot appeal
Ex parte Cutting, 94 U.S. 14
followedprecedent
Non-parties cannot appeal
Guion v. Insurance Co., 109 U.S. 173
followedprecedent
Non-parties cannot appeal
Brandies v. Cochrane, 105 U.S. 262
appliedprecedent
Appeal perfected without formal order when judge takes security and signs citation
Sage v. Railroad Co., 96 U.S. 714
distinguishedprecedent
Bond approved in open court during term needs no formal order or citation

Related cases (1)

John W. Smith v. The Texas & Western Railway Company et al.
lower court decision
Multiple decrees rendered (subject of appeal attempt)

Statutes

  • Implied 60-day appeal period from case law

Standards & doctrines

  • De novo review of appeal perfection requirements
  • Precedent on non-party standing (Bayard v. Lombard)

Legal principles applied

  • Appeal must be perfected within 60 days of decree
  • Bond must specify individuals, party status, decree, and include citations
  • Non-parties lack standing to appeal

Notable quotes

“A person not a party or privy cannot appeal.”
majority — Citing Bayard v. Lombard and other precedents on standing to appeal
Core principle denying applicants' standing
“As the bond of November 27th... does not show the names of the individuals composing that firm, nor that Woerishoffer & Co. was in any wise a party or privy to the suit... we are of opinion that... the applicants have not taken an appeal”
majority — Court's analysis of bond deficiencies
Key reasoning for denying application
Index terms52
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Legal actions
Action type
denied
Target
Application for writ of prohibition
Appealed from
Circuit Court decrees
Context
Court denies application because applicants did not perfect appeal or give supersedeas bond within required timeframes and with proper formalities
Scope
full
Disposition vote
unanimous
Action type
dissolved
Target
Temporary order
Context
Temporary order issued previously is dissolved as application is denied
Scope
full
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