Williams v. Bank of United States

Supreme Court

Williams v. Bank of United States

24 U.S. 414, 6 L. Ed. 508, 11 Wheat. 414, 1826 U.S. LEXIS 322

Supreme Court of the United States·Decided March 14, 1826·Published·Cited by 28 cases

Opinion

Mr. Chief Justice Marshall

stated, that the writ of error must be dismissed, it having issued irregularly. The judgment in thé Circuit. Court of Ohio was a joint judgment, upon a joint action for money lent, against three defendants; and the writ of error was sued out by one of the defendants, in his own name only, without joining the others. The Court was of opinion, that the writ of error ought to have been in the name of the three ; .and if the others should refuse to join in it, that it would deserve consideration whether the present plaintiff' might not have summons and severance.

Writ of error dismissed.

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Mr. Chief Justice Marshall

stated, that the writ of error must be dismissed, it having issued irregularly. The judgment in thé Circuit. Court of Ohio was a joint judgment, upon a joint action for money lent, against three defendants; and the writ of error was sued out by one of the defendants, in his own name only, without joining the others. The Court was of opinion, that the writ of error ought to have been in the name of the three ; .and if the others should refuse to join in it, that it would deserve consideration whether the present plaintiff' might not have summons and severance.

Writ of error dismissed.

Williams v. Bank of United States, 24 U.S. 414, 6 L. Ed. 508, 11 Wheat. 414, 1826 U.S. LEXIS 322 (1826).

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Opinion

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