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Necessity of Surety Joining in Appeal

A notice of appeal is filed with the court and served on the opposing parties upon initiation of an appeal.

In an admiralty case, an action in rem is initiated by arresting a ship and/or its cargo which is subject to the jurisdiction of a court.  The arrested ship and/or its cargo can be released if the parties file a stipulation, or if the claimant deposits double the money claimed by the complainant in the court.  A surety can also provide a stipulation for release of the ship and/or its cargo.  For jurisdictional purpose, the stipulation or money can be substituted for the ship and/or its cargo.

When a surety provides stipulation for release of a claimant’s ship and a decree of a court is against the claimant, execution proceedings can be initiated against the claimant and the surety.[i] However, the decree does not have the effect of a joint decree as against the claimant and the surety.  If the claimant files an appeal against the order of the court, the surety need not be joined as a party to the appeal.[ii] This is because the decree was not a joint decree.  In such cases, the claimant can appeal without any notice of appeal to the surety.

[i] 28 USCS § 2464

[ii] Lamprecht v. Cleveland-Erieau S. S. Co., 291 F. 876 (D. Ohio 1922)

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