Fitzpatrick v. Graham
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York.
1Opinion of the Court
WALLACE, Circuit Judge.
The motion of the defendant in error to dismiss the writ of error proceeds upon the theory that two of the defendants in the court below are not joined as plaintiffs in error in the writ. As the action was ejectment, and the judgment sought to be reviewed by the plaintiffs in error was a joint judgment against all the defendants for a recovery of possession and of mesne'profits and costs, it was necessary that all the defendants should join in the writ. This court does not obtain jurisdiction to review such a judgment unless all the defendants have joined in the writ of…
2Cases cited11 opinions
- Pearson v. YewdallSupreme Court of the United States · 1877
- Masterson v. HerndonSupreme Court of the United States · 1870
- Draper v. DavisSupreme Court of the United States · 1880
- Keyser v. FarrSupreme Court of the United States · 1881
- Davidson v. LanierSupreme Court of the United States · 1867
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3Cited by4 opinions
- Midland Terminal Ry. Co. v. WarinnerCourt of Appeals for the Eighth Circuit · 1923
- American Baptist Home Mission Soc. v. BarnettCourt of Appeals for the Second Circuit · 1928
- Weinstein v. Black Diamond SS CorporationCourt of Appeals for the Second Circuit · 1929
- Parker v. New England Oil Corp.District Court, D. Massachusetts · 1926