Henry Huff, John Bullen, and Samuel Hale, Plaintiffs In Error v. Champion Hutchinson, Who Sues For the Use of William Hurlbut, Joseph Sweetzer, Philip Van Valkenburgh, and George Phillips

• Decision Date: 01 December 1852
• Citation: 55 U.S. 586,14 How. 586,14 L.Ed. 553
• Parties: HENRY D. HUFF, JOHN BULLEN, AND SAMUEL HALE, PLAINTIFFS IN ERROR, v. CHAMPION J. HUTCHINSON, WHO SUES FOR THE USE OF WILLIAM W. HURLBUT, JOSEPH A. SWEETZER, PHILIP VAN VALKENBURGH, AND GEORGE S. PHILLIPS
• Court: U.S. Supreme Court

55 U.S. 586

14 How. 586

14 L.Ed. 553

HENRY D. HUFF, JOHN BULLEN, AND SAMUEL HALE, PLAINTIFFS IN ERROR, v. CHAMPION J. HUTCHINSON, WHO SUES FOR THE USE OF WILLIAM

W. HURLBUT, JOSEPH A. SWEETZER, PHILIP VAN

VALKENBURGH, AND GEORGE S. PHILLIPS.

December Term, 1852

THIS case was brought up, by writ of error, from the District Court of the United States for the District of Wisconsin.

The facts are stated in the opinion of the court.

It was argued by Mr. Chatfield, for the plaintiffs in error, and by Mr. Lee and Mr. Seward, for the defendants in error.

Mr. Justice McLEAN delivered the opinion of the court.

This case is brought before us by a writ of error from the District Court for the District of Wisconsin.

The action was commenced on a bond given by the plaintiffs in error to Champion J. Hutchinson, United States Marshal, for the State of Wisconsin, and his successor in office, in the penal sum of five thousand six hundred dollars, for the payment of any judgment within sixty days after its rendition, in a suit which William Hurlbut and others had commenced in the District Court, against Huff, by attachment, and in which a judgment was rendered for the plaintiffs, for two thousand eight hundred and eighty-four dollars and forty-eight cents, and costs.

To the declaration the defendants pleaded in abatement, that at the commencement of the suit, Huff, Bullen, and Hale, were citizens of the State of Wisconsin, and that the said Champion J. Hutchinson was also a citizen of the same State.

To this plea a demurrer was filed; and the District Court sustained the demurrer.

The declaration stated that Hutchinson, late marshal, sues for the use of William W. Hurlbut, Joseph A. Sweetzer, Philip Van Valkenburgh, and George S. Phillips, citizens of the State of New York, plaintiffs. The bond was given to the marshal in pursuance of the statute of Wisconsin, regulating proceedings against debtors by attachment, and the name of Hutchinson was merely formal, as he had no interest in the suit. The real plaintiffs were those named in the declaration, for whose use the suit was brought, and who are averred to be citizens of New York.

The District Court did not err in sustaining the demurrer. In McNutt v. Bland & Humphreys, (2 How. 10,) this court held, in such a case, the Circuit Court had jurisdiction.

After the demurrer was sustained, the defendants filed a plea of nil debet.

On the trial, a bill of exceptions was taken to the rulings of the...