Feibelman v. Packard, 108 U.S. 14 (1882)
Case details
Citation
108 U.S. 14
Full caption
FEIBELMAN v. PACKARD and Others.
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
Nov. 13, 1882
FEIBELMAN v. PACKARD and Others.
IN ERROR TO THE CIRCUIT COURT OK THE UNITED STATES FOR THE DISTRICT OF LOUISIANA.
Decided November 13th, 1882.
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. Ray, and Mr. R. C. Colb ìqy plaintiff.
Mr. Beckwith for defendant.
Mr . Chief Jus tice Wait e delivered the opinion of the court.
Moses Feibelman and George Voelker, 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 nò summons and p. 15severance or other equivalent proceeding. It follows that the writ must be dismissed,, on the authority of Williams v. Bank of the United States, 11 Wheat. 414; Masterson v. Herndon, 10 Wall. 416 ; Simpson n . Greeley, 20 Wall. 152; and it is
So ordered.