Majority — Waite C.J.
p. 14FEIBELMAN v. PACKARD and Others. Decided November 13th, 1882.
Syllabus
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA.Error — Practice.
A writ of error sued out by one of two or more joint defendants without a summons and severance or equivalent proceeding, must be dismissed.
Mr. J. Bay, and Mr. B. G. Coll for plaintiff.
Mr. Beckwith for defendant.
delivered the opinion of the court.
Moses Feibelman and (George Yoelker, as .partners, sued the defendants in error to recover .damages for the seizure of their-partnership goods by Packard, marshal of the United States for the District of Louisiana. A judgment was rendered .against them. Their interests in the suit were joint, and the judgment affects them jointly and not separately.' Feibelman alone has brought this writ of error, and there has been no summons and
p. 15
severance, or other equivalent proceeding. It follows that the writ must he dismissed, on the authority of Williams v. Ban k of the United States, 11 Wheat. 414 ; Masterson v. Herndon, 10 Wall 416 ; Simpson v. Greeley, 20 Wall. 152 ; and it is
/So ordered.
Cases cited
- Williams v. President of the Bank 11 Wheat. 414 p. 15
- Masterson v. Herndon 10 Wall 416 p. 15
- Simpson v. Greeley 20 Wall. 152 p. 15