Hampton v. Rouse (80 U.S. 187)/Opinion of the Court

United States Supreme Court

80 U.S. 187

Hampton  v.  Rouse

THIS was a motion to dismiss a writ of error to the Circuit Court for the Southern District of Mississippi.

It appeared from the record that Wade Hampton, Wade Hampton, Jr., and J. M. Howell, were defendants in the court below to an action of ejectment, and that the bill of exceptions, on which the writ of error was sued out, was tendered by them jointly. The judgment was against the defendant in the singular, but, as the verdict was joint, this court considered it obvious that this was a mere clerical error, and that the judgment, doubtless, followed the verdict.

Wade Hampton alone prosecuted the writ of error, and there appeared to have been no summons and severance or other equivalent proceeding. ^[1]

Mr. P. Phillips, in support of the motion; Mr. W. W. Boyce, contra.

It has often been held that in a writ of error to a joint judgment against several, all must join; and that the omission of one or more, without such proceeding, is an irregularity for which the writ will be dismissed. ^[2] The motion in the present case must, therefore, be

GRANTED.

Notes

1. See Masterson v. Herndon, 10 Wallace, 416.
2. Williams v. Bank of the United States, 11 Wheaton, 414; Owings v. Kincannon, 7 Peters, 399; The Protector, 11 Wallace, 82.