by John Marshall Harlan

“ But the liability of the defendant company was held to be secondary to that of Schardt's estate, which was in course of administration, and the amount for which it could be held finally liable on execution was left to be ascertained by a master commissioner, who was directed to take into account 'all collections realized on assets or collaterals turned over to the bank by Schardt to reimburse it against his shortage,' or which the bank 'with due diligence may collect hereafter' ”

“ Upon appeal prosecuted by the Guarantee Company to the circuit co rt of appeals the decree was affirmed. 54 U.S. App. 108, 27 C. C. A. 373, and 82 Fed. 545. The case is here upon writ of certiorari.
The circuit court of appeals was without jurisdiction to review the decree of the circuit court, because that decree was not a final one. 26 Stat. 826, 828, c. 517, § 6. The circuit court disallowed all of the defenses made by the Guarantee Company, and adjudged that upon the showing made that company was primarily liable to the extent of the penalty of each bond, with interest. ”