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Barnes and Others against Williams U.S. 415 (1826)

handle is hein.slavery/ussccases0148 and id is 1 raw text is: OF THE UNITED STATES. plaintiff in error, and Mr. Webster, for the de- 182 . fendants V. Mr. Chief Justice MARSHALL stated, that the Williams. writ of error must be dismissed, it having issued irregularly. The judgment in the Circuit Court of Ohio was a joint judgment, upon a joint ac'- tion for money lent, against three defendants; and the writ of error was sued out by one of the defendants, in his own name only, without joining the others. The Court was of opinion, that the writ of error ought to have been in the name of the three; and if the others should refuse to join in it, that it would deserve consideration whether the present plaintiff might not have summons and severance. Writ of error dismissed. [PICACTICE.J BARNES and Others against WILLIAMS. Where, in a special verdict, the essenti:al Ncts are not distinctly foond by the jury, although there is sufficient evidence to establish them, this Court will not render a judgment upon such an imperfect special verdict, but will remand the cause to the Court below, with directions to award a vesirefacia de noo. THIS case was argued by Air. Wickliffe and Feb. 6t, 415

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