Joy v. Wirtz

U.S. Circuit Court for the District of Pennsylvania

Joy v. Wirtz

13 F. Cas. 1172, 1 Wash. C. C. 417

CourtU.S. Circuit Court for the District of Pennsylvania

DecidedApril 15, 1806

DocketCase No. 7,553

StatusPublished

Cited by1 cases

This text of 13 F. Cas. 1172 (Joy v. Wirtz) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joy v. Wirtz, 13 F. Cas. 1172, 1 Wash. C. C. 417 (circtdpa 1806).

Pincite

Opinion

BY THE COURT.

Where the creditors are to be paid out of a particular fund, or are united in the same transaction, so as to produce a privity between them, all are to join; and the defendant shall not be obliged to litigat» the same question, with each separate creditor. In this case, all the creditors joined in an instrument, which at law discharged the defendant, William Wirtz, from the payment of the debts due to them by himself and Charles Wirtz. The object, of this bill, is to set aside this release, which affected all the creditors equally, and in which • they all united. The court cannot set it aside, in respect of part of the creditors, and leave it to operate against the others; nor can we set it aside as to all, unless all were parties, either by name, or as being represented by a part, suing in the names of all. The demurrer must be sustained; but the plaintiffs have liberty to amend. ,

Free access — add to your briefcase to read the full text and ask questions with AI

BY THE COURT.

Where the creditors are to be paid out of a particular fund, or are united in the same transaction, so as to produce a privity between them, all are to join; and the defendant shall not be obliged to litigat» the same question, with each separate creditor. In this case, all the creditors joined in an instrument, which at law discharged the defendant, William Wirtz, from the payment of the debts due to them by himself and Charles Wirtz. The object, of this bill, is to set aside this release, which affected all the creditors equally, and in which • they all united. The court cannot set it aside, in respect of part of the creditors, and leave it to operate against the others; nor can we set it aside as to all, unless all were parties, either by name, or as being represented by a part, suing in the names of all. The demurrer must be sustained; but the plaintiffs have liberty to amend. ,

Cite This Page — Counsel Stack

Bluebook (online)

13 F. Cas. 1172, 1 Wash. C. C. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joy-v-wirtz-circtdpa-1806.

Opinion

Related

Cite This Page — Counsel Stack