Feibelman v. Packard

Key passage — most relied on by later courts

““Moses Feibelman and George Woelker, as partner, sued the defendants in error to recover damages for the seizure of their partnership goods by Packard,, marshal of the United States for the district of Louisiana. A judgment was rendered against them. Their interests in the suit was joint, and the judgment affects them jointly and not separately. Feibelman alone has brought this writ of error, and there has been no summons and severance or other equivalent proceeding. It follows that the writ must be dismissed on the authority of Williams v. Bank of the United States, 11 Wheat. 414 , 6 L. Ed. 508 ; Masterson v. Herndon, 10 Wall. 416 , 19 L. Ed. 953 ; Simpson v. Greeley, 20 Wall. 152 , 22 L. Ed. 338 .””

quoted by 1 later decision, including Port v. Schloss Bros. & Co.

““A writ of error sued out by one of two or more joint defendants, without a summons and severance, or equivalent proceeding, must be dismissed.””

quoted by 1 later decision, including Stanley v. Greenberg