Louis Brandeis

“ The constitutional right of trial by jury presents no obstacle to this method of proceeding, since by becoming a surety the party submits himself 'to be governed by the fixed rules which regulate the practice of the court.' Hiriart v. ”

“ Pease and Heye were sureties on a supersedeas bond given on appeal to the United States circuit court of appeals in a suit to foreclose a vendor's lien. The district court for the southern district of Texas had entered a decree against the People's Light Company, declaring that Rathbun-Jones Engineering Company 'do have and recover' $6,804.90, with interest; establishing a lien on certain personal property ”

“ We are, however, relieved from deciding this question; because the record discloses that after the issue of the execution complained of, Pease paid the amount due 'as trustee for himself and the other stockholders of the People's Light Company.' In other words, the record does not show that Pease paid the amount as surety in satisfaction of the deficiency of judgment against himself. ”

“ The authority of the court to issue the execution was attacked on several grounds. Both motions alleged that the original decree contained no provision for such execution, and that it could not be enlarged on return of the mandate, because the term had expired at which it was entered. They alleged that the order for execution was illegal because the People's Light Company had been dissolved and Heye had died, pending the appeal. ”

“ It is contended that the district court had no power under the Constitution to render a summary judgment against the sureties upon affirmance of the decree appealed from, and that resort should have been had to an action at law. The method pursued has been introduced by statute into the practice of many states, including Texas. Rev. Civ. Stat. art. ”