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Feibelman v. Packard

FEIBELMAN v. PACKARD and Others

Feibelman v. Packard, 108 U.S. 14 (1882)
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Court
Supreme Court of the United States
Decided
December 18, 1882
Judges
Waite
Citations
108 U.S. 141 S. Ct. 13827 L. Ed. 6341882 U.S. LEXIS 1275
Syllabus
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.
Summary
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA.

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

Opinion — Waite

Mr. Chief Justice Waite delivered the opinion of the court.

Moses Feibelman and (George Yoelker, 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 no summons and *15 severance, or other equivalent proceeding. It follows that the writ must he dismissed, on the authority of Williams v. Ban k of the United States, 11 Wheat.

414; Masterson v. Herndon, 10 Wall 416;

Simpson v. Greeley, 20 Wall. 152 ; and it is /So ordered.

How later courts describe this case

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

Cited by 17 cases

View all citing references →
1888: 11892: 11893: 21900: 11901: 21902: 11907: 21908: 11910: 11914: 11916: 11924: 11934: 11935: 118882026peak 1893 · 2

Relies on it most ⓘ

  1. Babcock v. Norton5 F.2d 153 (2d Cir. 1924)
  2. Doll v. Blasius69 F.2d 225 (3d Cir. 1934)
  3. Schwartz v. Weingart76 F.2d 863 (2d Cir. 1935)
  4. Provident Life & Trust Co. of Philadelphia v. Camden & T. Ry. Co.177 F. 854 (3d Cir. 1910)
  5. Loveless v. Ransom107 F. 626 (7th Cir. 1901)
  6. Fitzpatrick v. Graham119 F. 353 (2d Cir. 1902)

Most recent

  1. Schwartz v. Weingart76 F.2d 863 (2d Cir. 1935)
  2. Doll v. Blasius69 F.2d 225 (3d Cir. 1934)
  3. Babcock v. Norton5 F.2d 153 (2d Cir. 1924)
  4. The Bylands231 F. 101 (5th Cir. 1916)
  5. Stanley v. Greenberg5 Alaska 178 (D. Alaska 1914)
  6. Provident Life & Trust Co. of Philadelphia v. Camden & T. Ry. Co.177 F. 854 (3d Cir. 1910)

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 2

DepthCaseCited by
Williams v. Bank of United States, 24 U.S. (11 Wheat.) 414 (1826) 27
Simpson v. Greeley, 87 U.S. (20 Wall.) 152 (1874) 25

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