Sweeney v. Lomme
Supreme Court of the United States
Error to the Supreme Court of the Territory of Montana. The case was thus: The Civil Practice Act of the Territory of Montana thus enacts: “Every action shall be prosecuted in the name of the real, party in interest.” “ In an action to recover possession of personal property judgment for the plaintiff may be for the possession; or the value thereof in case a delivery cannot be had, and damages for the detention of it.”
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Error to the Supreme Court of the Territory of Montana. The case was thus: The Civil Practice Act of the Territory of Montana thus enacts: “Every action shall be prosecuted in the name of the real, party in interest.” “ In an action to recover possession of personal property judgment for the plaintiff may be for the possession; or the value thereof in case a delivery cannot be had, and damages for the detention of it.” This enactment being in force, Lomme sued B. & C. Eintzing, in one of the District Courts of the said Territory, as partners, to recover a debt, and in that suit issued an…
1Opinion of the CourtJustice Miller
delivered the opinion of the court.. 1. The first error assigned and mainly relied on is that the bond or. which the suit is brought having been given to the sheriff, this action cannot be maintained by Lomme, the party for whose benefit it was really given..This question has been decided differently by different State courts under precisely the same code of practice.
In several of these it has been held that the real party in interest is always the proper plaintiff, while in others it is held that the suit must be brought by the obligor in the bond for the use of the party in interest.
Without…
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