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John McGavock, Plaintiff in Error, v. Peter W. Woodlief U.S. 221 (1858)

handle is hein.slavery/ussccases0192 and id is 1 raw text is: DECEMBER TERM, 1857. 221 McGavock v. Woodlief. Co. and Broadwell, to appear in this court upon the return of the writ of error. It will be seen, from this statement, that Payne & Harrison were not parties to the judgment in the suit of Niles & Co. v. Knox. The only judgment in the Circuit Court to which they were parties, was the judgment dismissing their petition of in- tervention; and Knox was not made a party defendant in that proceeding, nor was he a party to that judgment. The order of the court to make Broadwell, his syndic, a party, was passed after this judgment was rendered. Writs of error to remove the judgment of an inferior tribu- nal to this court are, under the acts of Congress, governed by the principles and usages of the commou law. And it is very well settled in all common-law courts, that no one can bring up, as plaintiff in a writ of error, the judgment of an inferior court to a superior one, unless he was a party to the judgment in the court below; nor can any one be made a detndant in the writ of error, who was not a party to the judgment in the inferior court. 'ayne & Harrison, therefore, have, no right t6 sue out a writ of error upon the judgment in the suit between Tiles & Co. and Knox, to which they were not a party, nor can they make Knox or his representative a defendant in a writ of error brought upon the judgment on the petition of interven- tion, to which neither Knox nor Broadwell, his syndic, was a party. This writ of error attempts to do both, and is therefore not warranted by law. It cannot bring the judgments referred to, or either of them, before this court, and must therefore be dis- missed, with costs. JOHN McG-vOCK, PLAINTIFF IN ERROR, V. PETER W. WOODLIEF. A broker who negotiates the sale of an estate is not entitled to his commission until he finds a purchaser in a situation and ready and willing to complete the purchase on the terms agreed upon between the broker and the vendor. Where the judge files the statement of-facts after the trial, nuncyro tune, it is rqa- sonable to presume that he had been requested to do so at the trial. THIS case was brought up, by writ of error, from the Circuit Court of the United States for the eastern district of Louis- iana. The case is stated in the opinion of the court. It was argued by Mr. Benjamin for the plaintiff ia error- and Mr. Taylor for the defendant.

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