Gumbel v. Pitkin

Citations

• 113 U.S. 545
• 5 S. Ct. 616
• 28 L. Ed. 1128
• 1885 U.S. LEXIS 1705

Syllabus

<p>A writ of error will not be dismissed for want of jurisdiction by reason of failure to return with’ it an assignment of errors. Ackley v. Hall, 106 U. S. 428, affirmed.</p> <p>When a third party intervenes in a pending suit, to claim property in the custody of the marshal by virtue of a writ of attachment issued therein, a judgment dismissing his intervention is final as to that issue ; and one distributing the proceeds of the property to other parties is also final.</p> <p>When a writ of error gives the names of all parties as they are found in the reel ord of the case in the court below, and there is nothing in the record to show that there were other parties, the writ is sufficient, even, if the defendants in error are there described by firm names, as A. B. & Co., &c. This case distinguished from The Protector, 11 Wall. 82.</p>