Day v. Washburn - 64 U.S. 309 (1859)
U.S. Supreme Court
Day v. Washburn, 64 U.S. 23 How. 309 309 (1859)
Where a motion was made to dismiss an appeal upon the ground that the appeal was taken by part only of the complainants below, and that the other complainants had not been made and were not parties to the appeal, and it appeared from the record that a fund had been decreed by the court below to be distributed ratably amongst two classes of creditors, one of which was composed oŁ judgment creditors, and the other of those who had come in after the filing of a creditor's bill, and the first class only conceived themselves aggrieved by the decree admitting the others to a ratable proportion, and therefore became the appellants, this Court will, in such a state of things, refuse the motion to dismiss and reverse this, together with all other points to be decided, when the case shall come up for argument hereafter.
A motion was made by Albert G. Porter as amicus curiae to dismiss the appeal because the appeal was taken by part only of the complainants below, and that the other complainants have not been made and are not parties to said appeal.