Brooks v. Clark
Supreme Court of the United States
ERROR TO THE CIROUIT COURT OF THE UNITED" STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was a writ of error brought under § 5 of the act of March 3,1875, c. 137, 18 Stat. 470, for the review of an order of the Circuit Court remanding a case which had been removed from the Court of Common Pleas, No. 1, of the county of Philadelphia, Pennsylvania.
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ERROR TO THE CIROUIT COURT OF THE UNITED" STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was a writ of error brought under § 5 of the act of March 3,1875, c. 137, 18 Stat. 470, for the review of an order of the Circuit Court remanding a case which had been removed from the Court of Common Pleas, No. 1, of the county of Philadelphia, Pennsylvania. The facts were these: On the 31st of December, 1884, Edward S. Clark sued out of the Court of Common Pleas a-writ of summons against “Charles H. Brooks and Josiah D. Brooks, surviving partners of D. Leeds Miller, deceased, trading as Brooks,…
1Opinion of the Court
Mu,. Chief Justice Waite
after stating the case as above reported, delivered the opinion of the court.
The action as originally brought was a joint action on a joint liability of Josiah D. Brooks and Charles H. Brooks as partners, and, according to Putnam v. Ingraham, 114 U. S. 57, it was not separable, for the purposes of removal prior to the judgment against Josiah D. Brooks, even after his default. The question we now have to consider is, therefore, whether the judgment against Josiah D. Brooks takes , the case out of that rule.
• A statute of Pennsylvania, passed April 6,1830, provided as…
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