Germain v. Mason
Supreme Court of the United States
Motion by Mr. Nathaniel Wilson to dismiss a writ of error to the Supreme Court of Montana Territory; the case as it seemed, from a not very clear record, being thus: ■ J. Mason and L. B. Duke brought suit in the court below against Jules Germain to recover a balance due for work aud materials furnished in building a house, and to enforce •a mechanic’s lieu against the house and the lot on which it wa§ built for the debt.
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Motion by Mr. Nathaniel Wilson to dismiss a writ of error to the Supreme Court of Montana Territory; the case as it seemed, from a not very clear record, being thus: ■ J. Mason and L. B. Duke brought suit in the court below against Jules Germain to recover a balance due for work aud materials furnished in building a house, and to enforce •a mechanic’s lieu against the house and the lot on which it wa§ built for the debt. One C. L. Nahler, A. J. Navis, and eighteen other persons, who the petition stated “ had or claimed to have some interest, claim, or lien on the incumbered.premises,” were…
1Opinion of the CourtJustice Miller
The cases relied ,ou for the dismissal of the writ are all reviewed in Mussina v. Cavazos, † and it is there said that they rest upon the principle that all the parties to the original judgment must, when it is a joint judgment, be brought before this court, and that this is not done by a writ which does not give their names.
In the case before us the writ is sued out by Germain alone, who is the only party mentioned as damaged by the alleged error of the court, and who alone gives the appeal' bond. If, therefore, Germain can bring the writ without joiuing other parties as plaintiffs in error,…
2Cited by15 opinions
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- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Grunberg v. United StatesCourt of Appeals for the First Circuit · 1906
- Grand Island & W. C. R. v. SweeneyCourt of Appeals for the Eighth Circuit · 1900
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