Lincoln Mine Operating Co. v. Huron Holding Corp.

This is an appeal from two judgments of the United States District Court for the District of Idaho, Southern Division, both rendered after our affirmance of a judgment of the district court entered by it on March 3, 1938, in favor of appellant, in which were liquidated the damages in an action for claim and delivery. One of the judgments now appealed from is in favor of appellee Huron Holding Corporation, a New York corporation, hereafter called Huron, adjudging as paid and satisfied the judgment of March 3, 1938, against Huron and in favor of appellant Lincoln Mine Operating Company, an Idaho corporation, hereafter called Lincoln. The other judgment appealed from is one denying Lincoln’s motion for judgment against appellee National Surety Corporation, on its undertaking given for a super-sedeas on Huron’s unsuccessful appeal from the judgment of March 3, 1938.

The district court held satisfied its judgment of March 3,. 1938, because of a payment by Huron to a third party claimed to have a lien on the judgment created under an attachment process of a New York court. Hence, the district court denied a motion for execution against Huron and for a judgment against the Surety…