The New York
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. On motion to dismiss appeal. It appears from the record that a libel was filed by the appellee against the propeller New York to recover the damages sustained by the steamer Oonemaugh and her cargo by reason of a collision with the New York.
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Appeal from the District Court of the United States for the Eastern District of Michigan. On motion to dismiss appeal. It appears from the record that a libel was filed by the appellee against the propeller New York to recover the damages sustained by the steamer Oonemaugh and her cargo by reason of a collision with the New York. The Union Steamboat Company intervened, as owner of the New York, filed its answer denying all liability, and also gave a stipulation for the release of the propeller, which had been seized under process of the court, which stipulation was signed by the American…
1Opinion of the CourtBurton, Circuit Judge
1. The first ground upon which the motion to dismiss the appeal is predicated is because the American Surety Company did not join in the appeal, and has never refused, upon notification, to join in the appeal. It is well settled that all parties against whom a joint judgment or decree is rendered must join in' proceedings for review in an appellate court, or that it must appear that those who *563have not joined bad notice of the application for tbe appeal or writ of error, and refused or neglected to join therein. Owings v. Kincannon, 7 Pet. 399, 8 L. Ed. 727; Masterson v. Herndon, 10 Wall. 416,…
2Cases cited15 opinions
- The ChattahoocheeSupreme Court of the United States · 1899
- The Albert DumoisSupreme Court of the United States · 1900
- Masterson v. HerndonSupreme Court of the United States · 1870
- Hardee v. WilsonSupreme Court of the United States · 1892
- Hanrick v. PatrickSupreme Court of the United States · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Hartford Accident & Indemnity Co. v. BunnSupreme Court of the United States · 1932
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
- Evans v. Cheyenne Cement Stone & Brick Co.Wyoming Supreme Court · 1912
- International Marine Towing, Inc. v. Southern Leasing Partners, Ltd.Court of Appeals for the Fifth Circuit · 1983
16 more not listed; retrieve them via the Exa API.