On a pure matter of form as to the parties in a suit coming here
from a court of a territory, and where the whole interest in a
judgment sued upon was before that court, this Court should not go
behind the local practice.
A joint judgment ceases to be joint by the death of one of the
parties. Where the joinder of an executor of a party whose interest
has ceased is simply a mistake, it is not reversible error.
20 Haw. 138 affirmed.
The facts are stated in the opinion.
Page 226 U. S. 463
Memorandum opinion by direction of the Court. By MR. JUSTICE
HOLMES:
This is a suit on a deficiency judgment rendered upon
foreclosure of the mortgage that was under consideration in
Kawananakoa v. Polyblank, 205 U.
S. 349. The judgment was in favor of Polyblank, trustee,
and Cockett, sole beneficiary, against Kawananakoa and the
plaintiff in error Kalanianaole. Before the present suit was begun,
the trustee resigned, Smithies was duly appointed successor in the
trust, and the former trustee assigned the judgment to him.
Smithies and his beneficiary then brought this action against the
plaintiff in error and the executor of Kawananakoa, who had died.
The executor demurred and had judgment. The plaintiff in error then
answered, setting up the discharge of the executor and that the
plaintiffs allowed the claim against the latter to be barred by
time before bringing suit. The case was heard upon mutual admission
of the facts set up in the declaration and answer. In argument, the
plaintiff in error also objects that only the original judgment
creditors could sue. Both objections were sufficiently answered in
the court below. That, as to the plaintiffs, is pure matter of
form, on which we should not go behind the local practice. The
whole interest in the judgment was before the court. As to the
second, the judgment was sued upon as a joint judgment, but it
ceased to be joint by the death of one of the parties bound, as is
the nature of joint obligations.
Edsar v. Smart, T. Raym.
26; Y.B. 3 Ed. 3, 11, pl. 37.
See Towers v. Moor, 2 Vern.
99. The joinder of the executor was simply a mistake that did no
harm.
See Bierce v. Hutchins, 205 U.
S. 340,
205 U. S.
347.
Judgment affirmed.