Cruit v. Owen
Court of Appeals for the D.C. Circuit
Hearing on an appeal by one of several caveatees of a paper-writing alleged to be a will of personal property, from an order of the Supreme Court of the District of Columbia, sitting as a probate court, denying probate of the same, after trial of issues submitted to a jury; and also on a motion by the appellee to dismiss the appeal on the ground that it was taken by one of several parties, jointly affected by the order appealed from, without summons and severance.
Read the full summary
Hearing on an appeal by one of several caveatees of a paper-writing alleged to be a will of personal property, from an order of the Supreme Court of the District of Columbia, sitting as a probate court, denying probate of the same, after trial of issues submitted to a jury; and also on a motion by the appellee to dismiss the appeal on the ground that it was taken by one of several parties, jointly affected by the order appealed from, without summons and severance. The Court in the opinion stated the case as follows: This is an appeal from a judgment of the Supreme Court of the District of…
1Opinion of the CourtJustice Shepard
1. A preliminary question arises on the motion of the appellee to dismiss the appeal, on the ground that appellant has appealed alone without summons to the other caveatees •and severance upon their refusal to join in the appeal.
The general rule of practice is well settled, that where there are two or more parties to a judgment who have a joint or dependent interest in the subject-matter thereof, they must join in the writ of error (or appeal under our statute) ; •or else, one who alone would appeal must summon the others and obtain a severance from those who refuse. Godfrey v. Roessle, 5…
2Cases cited7 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Devecmon v. DevecmonCourt of Appeals of Maryland · 1875
- Mason v. PoulsonCourt of Appeals of Maryland · 1875
- Bradhurst v. BradhurstNew York Court of Chancery · 1829
- Watts v. Public AdministratorCourt for the Trial of Impeachments and Correction of Errors · 1829
2 more not listed; retrieve them via the Exa API.