Schwed v. Smith/Opinion of the Court

by Morrison Waite

United States Supreme Court

106 U.S. 188

Schwed  v.  Smith

'The judgment creditors who have joined in this bill have separate and distinct interests, depending upon separate and distinct judgments. In no event could the sum in dispute of either party exceed the amount of their judgment. * * * The bill being dismissed, each fails in obtaining payment of his demands. If it had been sustained, and a decree rendered in their favor, it would only have been for the amount of the judgment of each.'

In the present case, the judgment creditors did succeed, and, in effect, each recovered a decree against Heller, setting aside his judgment so far as it affected them individually. Had they been defeated they could not have appealed, because, although allowed in equity to join in their suit, they had 'separate and distinct interests depending on separate and distinct judgments,' as well as separate and distinct attachments. But if the decree is several as to the creditors, it is difficult to see why it is not as to their adversaries. The theory is, that, although the proceeding is in form but one suit, its legal effect is the same as though separate suits had been begun on each of the separate causes of action.

The appeal in Seaver v. Bigelows was from a decree against the creditors, but, in deciding the case, the court, in express terms, adopted the analogous practice in admiralty, where, under certain circumstances, separate and distinct causes of action may be united in one suit, and in that practice it has always been held that the shipowner cannot unite the separate decrees against him in a suit to make up the amount necessary for our jurisdiction on appeal. That question has been fully considered at the present term in Ex parte Baltimore & Ohio R. Co. ante, 35. Although the effect of the decree is to deprive Heller in the aggregate of more than $5,000, it has been done at the suit of several parties on several claims, who might have sued separately, but whose suits have been joined in one for convenience and to save expense.

The motion to dismiss is granted.

Notes