Kidder v. Fidelity Ins., Trust & Safe-Deposit Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Southern District of Illinois. The motion to dismiss this appeal for the lack of necessary parties was argued at the May session of the court in 1899, and since that time has been under advisement.
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Appeal from the Circuit Court of the United States for the Southern District of Illinois. The motion to dismiss this appeal for the lack of necessary parties was argued at the May session of the court in 1899, and since that time has been under advisement. The material facts are these: On August 19, 1898, a decree of foreclosure and sale was entered in the case of the Fidelity Insurance, Trust & Safe-Deposit Company against the Litchfield, Carrollton & Western Railroad Company, the Litchfield, Carrollton & Western Railway Company, and the Mercantile Trust Company of New York, wherein it was…
1Opinion of the CourtWoods, Circuit Judge
The general proposition is familiar that on a writ of error to a judgment at law or on appeal from a decr.ee in equity all the. parties against whom the judgment or decree was jointly rendered must join in the writ of error or appeal, unless good reason for the nonjoinder be shown. Williams v. Bank, 11 Wheat. 414, 6 L. Ed. 508; Owings v. Kincannon, 7 Pet. 399, 8 L. Ed. 727; Wilson’s Heirs v. Life & Fire Ins. Co., 12 Pet. 140, 9 L. Ed. 1032; Todd v. Daniel, 16 Pet. 521, 10 L. Ed. 1054; Masterson v. Herndon, 10 Wall. 416, 19 L. Ed. 953; Simpson v. Greeley, 20 Wall. 152, 22 L. Ed. 338; Feiblcman…
2Cases cited28 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Gibbons v. MahonSupreme Court of the United States · 1890
- 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
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Continental Trust Co. v. Sabine Basket Co.Supreme Court of Georgia · 1928
- Loveless v. RansomCourt of Appeals for the Seventh Circuit · 1901
- James H. Rice Co. v. LibbeyCourt of Appeals for the Seventh Circuit · 1901
- Norrie v. LohmanCourt of Appeals for the Second Circuit · 1926
6 more not listed; retrieve them via the Exa API.