United States Supreme Court Cases & Opinions

U.S. Supreme Court

Estis v. Trabue, 128 U.S. 225 (1888)

Estis v. Trabue

No. 50

Argued and submitted October 31, 1888

Decided November 19, 1888

128 U.S. 225

Syllabus

A writ of error, in which both the plaintiffs in error and the defendants in error are designated merely by the name of a firm, containing the expression "& Co.," is not sufficient to give this Court jurisdiction, but, as the record discloses the names of the persons composing the firms, the

Page 128 U. S. 226

writ is, under § 1005 of the Revised Statutes, amendable by this Court, and will not be dismissed.

Where the judgment below is a money judgment against "the claimants" and their two sureties in a bond, naming them, jointly, and the sureties do not join in the writ of error, and there is no proper summons and severance, the defect is a substantial one which this Court cannot amend, and by reason of which it has no jurisdiction to try the case, and it will, of its own motion, dismiss the case without awaiting the action of a party.

The case is stated in the opinion of the Court.