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Williams v. Bank of United States

Williams, Plaintiff in Error, Against the President, Directors, and Company of the Bank of the United States, Defendants in Error

Williams v. Bank of United States, 24 U.S. (11 Wheat.) 414 (1826)
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Court
Supreme Court of the United States
Decided
March 14, 1826
Judges
Marshall
Citations
24 U.S. 4146 L. Ed. 50811 Wheat. 4141826 U.S. LEXIS 322
Headnotes
Where there is a joint judgment against several defendants, and one only sues out the writ of 'error without joining the others, it is irregular; but if the others refuse to join in it, qu/zre, whether the plaintiff uiay not have summons and severance?

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Marshall

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 27 cases

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1867–1868: 11869–1870: 21871–1872: 31873–1874: 31881–1882: 11883–1884: 11887–1888: 21889–1890: 11891–1892: 11893–1894: 11901–1902: 21907–1908: 21909–1910: 11915–1916: 21919–1920: 11923–1924: 11925–1926: 11933–1934: 118672026peak 1871 · 3

Relies on it most ⓘ

  1. Mittry Bros. Const. Co. v. United States75 F.2d 79 (9th Cir. 1934)
  2. Kidder v. Fidelity Ins., Trust & Safe-Deposit Co.105 F. 821 (7th Cir. 1901)
  3. Provident Life & Trust Co. of Philadelphia v. Camden & T. Ry. Co.177 F. 854 (3d Cir. 1910)
  4. The Bylands231 F. 101 (5th Cir. 1916)
  5. Loveless v. Ransom107 F. 626 (7th Cir. 1901)
  6. Parker v. New England Oil Corp.15 F.2d 236 (D. Mass. 1926)

Most recent

  1. Mittry Bros. Const. Co. v. United States75 F.2d 79 (9th Cir. 1934)
  2. Parker v. New England Oil Corp.15 F.2d 236 (D. Mass. 1926)
  3. Babcock v. Norton5 F.2d 153 (2d Cir. 1924)
  4. Priest v. Seaman266 F. 844 (8th Cir. 1920)
  5. The Bylands231 F. 101 (5th Cir. 1916)
  6. Clark v. Belt223 F. 573 (8th Cir. 1915) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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