Miller v. McKenzie

Supreme Court of the United States
Miller v. McKenzie, 77 U.S. 582 (1871)
19 L. Ed. 1043; 10 Wall. 582; 1870 U.S. LEXIS 1155

Miller v. McKenzie

Opinion

Mr. Justice NELSON

delivered the opinion of the court.

It appears, from an inspection of the record, that the writ of error is defective in respect to the parties. It is therein recited that the proceedings are between Pitzer Miller and Larkin McKenzie, and others. This defect has been held so many -times in this court as fatal to its jurisdiction that it need be but mentioned to require a dismissal of the case.

Motion granted.

Reference

Cited By
5 cases
Status
Published
Syllabus
A writ of error dismissed as defective in respect to parties, where the suit was against four persons by name, and the writ recited that it was against two which it named, “ and others.”