O'DOwD v. Russell
Supreme Court of the United States
On motion to dismiss a writ of error to the Supreme Court of the State of Georgia. Walker, Jones, and O’Dowd were sued in the Superior Court of Richmond County, Georgia, upon a bond given by Walker, as principal, and Jones and O’Dowd, as sureties, for the faithful discharge by Walker of his duties as venduemaster in the city of Augusta.
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On motion to dismiss a writ of error to the Supreme Court of the State of Georgia. Walker, Jones, and O’Dowd were sued in the Superior Court of Richmond County, Georgia, upon a bond given by Walker, as principal, and Jones and O’Dowd, as sureties, for the faithful discharge by Walker of his duties as venduemaster in the city of Augusta. The breach alleged was that Walker, having received, as vendue-master, certain goods for sale, and having sold them, and received the proceeds in his capacity as'.vendue-master, failed to account. The defendants pleaded Walker’s discharge under the bankrupt…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
Several grounds are assigned for dismissing this writ, It will be necessary to notice but. three of them.
The first of these is, that the writ of error is prosecuted by O’Dowd without summons and severance of his co-defendants. Formerly this was held to be necessary when one of several’defendants desired to prosecute his writ of error alone. But, in the case of Masterson v. Herndon, * we held that such a writ of error would be sustained, if it appeared from the record that the defendants, not joined, had been notified in writing, and had…
2Cited by8 opinions
- Glenn v. LiggettSupreme Court of the United States · 1890
- International Bank v. JenkinsIllinois Supreme Court · 1882
- Larkin Packer Co. v. Hinderliter Tool Co.Court of Appeals for the Tenth Circuit · 1932
- Whitlock v. WillardSupreme Court of Florida · 1881
- In re McCallCourt of Appeals for the Sixth Circuit · 1906
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