Miller v. McKenzie
Supreme Court of the United States
Error to the District Court for the Northern District of Mississippi. Pitzer Miller brought suit in the 'court just named against Larkin McKenzie, James Hamer, Joseph Hamer, and Eze- • kiel Wall, to recover the value of several bales of cotton. Such proceedings were had that a judgment was rendered for the defendants, whereupon the plaintiff brought this writ of error: the writ reciting that the proceedings were between “ Peter Miller, Larkin McKenzie, and others.”
1Opinion of the CourtJustice Nelson
It appears, from an inspection of the record, that the writ of error is defective in respect to the parties. It is therein recited that the proceedings are between Pitzer Miller and Larkin McKenzie, and others. This defect has been held so many -times in this court as fatal to its jurisdiction that it need be but mentioned to require a dismissal of the case.
Motion granted.
2Cited by5 opinions
- Estis v. TrabueSupreme Court of the United States · 1888
- Bellinger v. ThompsonOregon Supreme Court · 1894
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Bowler v. McIntyreHawaii Supreme Court · 1893
- Walton v. Marietta Chair Co.Supreme Court of the United States · 1895