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Miller v. McKenzie

Miller v. McKenzie, 77 U.S. (10 Wall.) 582 (1871)
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Court
Supreme Court of the United States
Decided
February 20, 1871
Judges
Nelson
Citations
77 U.S. 58219 L. Ed. 104310 Wall. 5821870 U.S. LEXIS 1155
Cited by 5
Syllabus
A writ of error dismissed as defective in respect to parties, where the suit was against four persons by name, and the writ recited that it was against two which it named, “ and others.”
Summary
Error to the District Court for the Northern District of Mississippi. Pitzer Miller brought suit in the 'court just named against Larkin McKenzie, James Hamer, Joseph Hamer, and Eze- • kiel Wall, to recover the value of several bales of cotton. Such proceedings were had that a judgment was rendered for the defendants, whereupon the plaintiff brought this writ of error: the writ reciting that the proceedings were between “ Peter Miller, Larkin McKenzie, and others.”

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

Opinion — Nelson

Mr. Justice NELSON delivered the opinion of the court.

It appears, from an inspection of the record, that the writ of error is defective in respect to the parties. It is therein recited that the proceedings are between Pitzer Miller and Larkin McKenzie, and others.

This defect has been held so many -times in this court as fatal to its jurisdiction that it need be but mentioned to require a dismissal of the case.

Motion granted.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1888: 11893: 11894: 11895: 11898: 118882026peak 1888 · 1

Relies on it most ⓘ

  1. Estis v. Trabue128 U.S. 225 (1888)
  2. Bellinger v. Thompson37 P. 714 (Or. 1894)
  3. State ex rel. Andreu v. Canfield40 Fla. 36 (1898)
  4. Bowler v. McIntyre9 Haw. 306 (1893)
  5. Walton v. Marietta Chair Co.157 U.S. 342 (1895)

Most recent

  1. State ex rel. Andreu v. Canfield40 Fla. 36 (1898)
  2. Walton v. Marietta Chair Co.157 U.S. 342 (1895)
  3. Bellinger v. Thompson37 P. 714 (Or. 1894)
  4. Bowler v. McIntyre9 Haw. 306 (1893)
  5. Estis v. Trabue128 U.S. 225 (1888)

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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