CHARLES DAVENPORT ET AL., HEIRS OF JOHN DAVENPORT, DECEASED,
v.
F. FLETCHER ET AL.
CHARLES DAVENPORT ET AL., HEIRS OF JOHN DAVENPORT, DECEASED,
F. FLETCHER ET AL.
16 How. 142
Supreme Court of the United States (1853)
Positive Treatment
Also reported at: 14 L. Ed. 879 · 1850 U.S. LEXIS 1545 · SCDB 1853-057
Cited by 10 cases
Opinion of the Court
Mr. Justice McLEAN delivered the opinion of the court.
A motion has been made for a dismissal of this cause.
1. Because the judgment is not properly described in the •writ of error. 2. Because the bond is given to a person who is not a party to the judgment.,
3. Because the citation issued, is issued to a person-who is not a party.
The.objections are all founded in fact, and upon the authority of Samuel Smyth v. Strader, Perine & Co., 12 How. 327. The case-is dismissed, with leave, however, to-the counsel for the' plaintiffs, to move for its reinstatement, during the present term.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Whitlock v. Willard, 18 Fla. 156 (Fla. 1881)
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Estis v. Trabue, 128 U.S. 225 (U.S. 1888)…gnates some of the parties by the expres-. sion “ & Co.” or the expression “ and others,” or in any other way than by their individual names. Deneale v. Archer, 8 Pet. 526; Heirs of Wilson v. Life & Fire Ins. Co., 12 Pet. 140; Davenport v. Fletcher, 16 How. 142; Mussina v. Caasos, 6 Wall. 355, 361, 362; Miller v. McKenzie, 10 Wall. 582; The Protector, 11 Wall. 82. As, however, the record discloses the names of the individuals who compose both of the firms, the writ of error cOuld be amended in this court,…1 / 2
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Danenberg v. Cohen, 213 F.2d 944 (7th Cir. 1954)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Union Bank of La. v. Josiah S. Stafford and Jeannetta Kirkland, 12 How. 327 (U.S. 1851)
- Smyth v. Strader, 12 How. 327 (U.S. 1851)