Seaver v. Bigelows
Opinion of the Court
delivered the opinion of the court.
The judgment creditors who have joined in this bill have separate and distinct interests, depending upon separate and
■/ It is true, the litigation involves a common fund, which exceeds the sum of $2000, but neither of the judgment creditors has any interest in it exceeding the amount of his judgment. Hence, to sustain an appeal in this class of cases, where separate and distinct interests are in dispute, of au amount less than the statute inquires, and where the joinder of parties is permitted by the mere indulgence of the court, for its convenience, and to save expense, would be giving a privilege to the parties not common to other litigants, and which is forbidden by law.
The case is analogous to proceedings in admiralty in behalf of seamen for wages, and salvors for salvage, where the practice of the court is well settled.
In the case of the seaman, though the contract is separate and not joint, all may join in the libel and carry on the proceedings, in form, jointly, to the decree, which assigns to each severally the amount due. If the sum thus assigned is under $2000, neither party can appeal.
The case of Rich v. Lambert
Dismissed for want of jurisdiction.
Note. — Similar decree made for the same reason in the case of Field v. Bigelow, and in one branch of Myers v. Fenn.
Oliver v. Alexander, 6 Peters, 143.
United States v. Carr, 8 Id. 9; Spear v. Place, 11 Howard, 522.
12 Howard, 347.
Reference
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- In- a creditor’s bill — several creditors joining — to set aside a conveyance of property as fraudulently made, this court has no jurisdiction on appeal if the judgment of the creditor appealing do not exceed $2000. Th9 fact that the fund in litigation exceeds it is not sufficient.