In the Circuit Court of Alexandria in 1817, several suits were
brought against sundry individuals who had associated to form a
bank called the Merchants' Bank of Alexandria. The proceedings were
regularly carried on in one of them, which the defendants appealed.
On a hearing, the decree was reversed and the cause remanded for
further proceedings in conformity with certain principles
prescribed in the decree of reversal. It appears that decrees were
pronounced in all the cases, though regular proceedings were had
only in the case of Romulus Riggs. Appeals were entered in these
cases from the decrees of the court. Under such circumstances, the
Court can only reverse the decree in each case for want of a
bill.
The whole business appearing to have been conducted in the
confidence that the pleadings in the case of Romulus Riggs could be
introduced into the other causes, the cases were remanded to the
circuit court with directions to allow bills to be filed and to
proceed thereon according to law.
Page 33 U. S. 257
In the present cases, there is an additional objection to the
decree in each of them, which is that no bill was ever filed. It
appears, from the proceedings, that it was agreed, that the answers
in the case of Riggs, were to be filed in these cases; it is
contended, that that was to be done when bills were filed.
The appellants insist in these cases, on the same objections to
the decree of the circuit court, which were urged in the case of
Riggs, with that of a want of a bill.
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
Court.
A subpoena, which was regularly issued, was served on some of
the defendants, after which the record states that the complainant
appeared by his attorney and filed his bill, which was taken for
confessed against those defendants on whom process was served. The
clerk certifies, that no bill appears among the papers in the
cause.
Several answers are then filed which purport to be answers to a
bill filed not by the plaintiff, Roderick Burt, but by Romulus
Riggs. The record contains several accounts, and a report by
certain trustees of an unchartered bank, the members of which, as
may be inferred from the statements on the record, are the
defendants in this case, against whom the suit is brought, to
recover a note or notes held by the plaintiff. The court then
proceeds to render a decree in the cause, from which the defendants
have prayed an appeal to this Court.
There being no bill, the court cannot inquire into the merits of
this decree. The regular course of proceeding would be, on the
suggestion of diminution, to award a certiorari for a fuller
record. But no counsel appears to suggest diminution or ask for a
certiorari, and the Court is satisfied that no fuller record could
be brought up.
In the year 1817, several suits were brought against sundry
individuals who had associated to form a bank called the
Page 33 U. S. 258
Merchants Bank of Alexandria. The proceedings were regularly
carried on in one of them, brought by Romulus Riggs, and a decree
was pronounced by the court from which the defendants appealed. On
a hearing, the decree was reversed,
27 U. S. 2 Pet.
482, and the cause remanded for further proceedings in conformity
with certain principles prescribed in the decree of reversal. It
appears that decrees were pronounced in all the causes, though
regular proceedings were had only in the case of Romulus Riggs.
Under such circumstances, the Court can only reverse the decree for
want of a bill. Under the particular circumstances, the whole
business appearing to have been conducted in the confidence that
the pleadings in the case of Romulus Riggs could be introduced into
the other causes, the case is
Remanded to the circuit court with directions to allow a
bill to be filed, and to proceed thereon according to law.
This cause came on to be heard on the transcript of the record
from the Circuit Court of the United States for the District of
Columbia, holden in and for the County of Alexandria, and was
argued by counsel, on consideration whereof it is the opinion of
this Court that the decree of the said circuit court, under the
circumstances of the case, should be reversed for the want of a
bill, and that the cause should be remanded to the said court with
directions to allow a bill to be filed and to proceed thereon
according to law. Whereupon it is considered, ordered, and decreed
by this Court that the decree of the said circuit court in this
cause be and the same is hereby reversed for want of a bill, and
that this cause be and the same is hereby remanded to the said
circuit court with directions to allow a bill to be filed in this
cause and to proceed thereon according to law.
