Schwed v. Smith
Supreme Court of the United States
Motion to dismiss an appeal from the Circuit Court of the United States for the Western District of Missouri. On the 26th of January, 1880, Schwed & Newhouse confessed a judgment in the Circuit Court of Jackson County, Missouri, against themselves, and in favor of Henry Heller, for $9,512.50. Execution was at once issued on this judgment, and "levied by Bailey, sheriff "of the county, on a stock of goods.
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Motion to dismiss an appeal from the Circuit Court of the United States for the Western District of Missouri. On the 26th of January, 1880, Schwed & Newhouse confessed a judgment in the Circuit Court of Jackson County, Missouri, against themselves, and in favor of Henry Heller, for $9,512.50. Execution was at once issued on this judgment, and "levied by Bailey, sheriff "of the county, on a stock of goods. On the 12th of February, 1880, William Smith & Co. had a suit pending in the same court, in their favor, against Schwed & Newhouse for the recovery of $3,829.71, and William C. Greene & Co.…
1Opinion of the CourtChief Justice Waite
It is impossible to distinguish this case in principle from Seaver v. Bigelows, 5 Wall. 208, where an appeal by creditors who had joined in a suit to set aside a fraudulent conveyance by their debtor was dismissed because the amounts found due the appellants, respectively, were less than our jurisdictional limit. In delivering the opinion of the court, Mr. Justice Nelson said: “ The judgment creditors who have joined in this bill have separate and distinct interests, depending upon separate and distinct judgments. In no event could the sum in dispute of either party exceed the amount of their…
2Cases cited1 opinion
- Seaver v. BigelowsSupreme Court of the United States · 1867
3Cited by17 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Stewart v. DunhamSupreme Court of the United States · 1885
- Gibson v. ShufeldtSupreme Court of the United States · 1887
- Broderick v. American General CorporationCourt of Appeals for the Fourth Circuit · 1934
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