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John G. Goesele and Others, Appellants, v. Joseph M. Bimeler and Others U.S. 589 (1853)

handle is hein.slavery/ussccases0236 and id is 1 raw text is: I)D. QE3MBER TERM, 1852. 589 Goesele et al. v. Bimeler et al. action may be brought in the name of the late marshal or his successor. Several grounds were taken in arrest of judgment. 1. Because the declaration on the bond, does not show that the District Court had jurisdiction in the attachment suit. Such showing was unnecessary, as that court had general jurisdiction of such cases. 2. Because the verdict is informal,'in being entered fdr the amount due, when it should have been for the penalty of the bond. This is a mere informality, and no ground for arresting the judgment. 3. Because the recovery is for a sum greater than is claimed by the ad darnnurn. in the declaration. The action wvas debt, and the damages laid *ere only require4 to cover the interest. There was no error in the District Court in overruling the motion in arrest of judgment. The judgment of the District Court is affirmed. Order. 1This cause came on to be heard on the transcript of the record from the District Court of the United States for the Dis- trict of Wisconsin, and was argued by counsel. On considera- tion whereof, it is now here ordered and adjudged, by this court, tlat the judgment of the said District Court in this cause be, and the same is hereby, affirmed, with costs, and interest until the same is paid, at the same rate per annum that similar judgments bear in the courts of the State of Wisconsin. JOHN G. GOESELE AND OTHERS, APPELLANTS, V. JOSEPH M. BIMELERL AND OTHERS. A society called Separatists, emigrated from Germany to the United States. They were very poor, and one of them, in 1817, purchased land in Ohio, for which he gave his Iond, and took the title to himself. Afterwards, they adopted two con- stitutions, one in 1,1M, and one in 1824, which they signed, and in 1832 obtained an act of incorporation. The articles of association, or constitutions of 1819 and 1824, contained a renunciation of individual property. The heirs of one of the members who signed these conditions, and died in 1827, cannot maintain a bill of partition. From 1,47 to 1919, the contract between the members and the person who purchased the property, vested in parol, and.was destitute of a consideration. Nlo legal rights were vested in the members. The an'-etor of these heirs renounced all right of individual'-property, when he signed the articles, and did so upon the consideration that the society would sup- port him in sickness and in health; and this was deemed by him an adequate com- pensatiou for his labor and property, contributed to the common stock. VOL. XIV. 50

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