Marsh v. Nichols

U.S. Court of Appeals for the Second Circuit March 14, 1887

Marsh v. Nichols, 120 U.S. 598 (2d Cir. 1887)

Opinion of the Court

Mr. Chief Justice Waite

delivered the opinion of the court.

*600This motion is denied. Although the suit was brought against Marsh, Le Fever, and Scott, Marsh and Le Fever alone answered the bill, and the decree was taken pro confesso against Scott. Marsh and Le Fever alone appealed from the Circuit Court of the county to the Supreme Court of the state, and from the decree in that court they alone obtained the allowance of a writ of error to this court. To such a writ Scott cannot make himself a party against the objection of Marsh and Le Fever, ,so as to control the case in this court.

Motion denied.

Reference

Full Case Name: MARSH v. NICHOLS
Status: and the decision of Judge Brown in their case against Nichols
Syllabus: A respondent to a bill in equity in a state court, who allows a decree pconfesso to be taken against him iu the lower state court, and is not a party to the appeal of the Supreme Court of the state, nor to the petition for a writ of error to this court, cannot make himself a party here against the objections of other respondents, who appeared and contested the cause in the state courts, and sued out the writ of error to ¡this court.