Bacon et al. vs. Hart

Bacon et al. vs. Hart. 1. Where á writ of error, is taken to the í>istrict Court, but no citation served on the defendant in error agreeably to the act of 1789, the writ will, on motion', be dismissed for want of jurisdiction. 2. A service of the citation on the attorney or counsel of the defendant in error is sufficient! 3. But where the attorney of record is dead, it will not do to serve it on ' _ ’. his executrix or other personal representative. 4. -Nor eán the service be legally made on another member of the bar ¿who'had been' a partner of the-deeéased counsel. 5. --The-'courts cannot notice’law partnerships’or .other private arrange- ' -.' -merits, and counsel cannot' be known as such, unless by their ap- . pearance on the record." .- Mr. Stanton, of Washington city, fo.T the defendant in error, moved -that the'writ'of error in this case be dismissed for want of a citation. [MAJORITY — Mr. Chiéf Juatice TANEY.] Mr. Chiéf Juatice TANEY. We have looked into'this re- '. cord, arid find that the writ of error must be dismissed. The . action was in the nature of. an ejectment, arid brought to re"eov-er possession of land. The plaintiff, below, was William .Hart, junior, a citizen of New York, residing at Manilla. His counsel in the cause was William Hart, senior. In March, 1858,-judgment was rendered by the coui’t for the plaintiff. In October of.the same year a writ of error was sued out, returnable on the first Monday in December next thereafter, and ■service of the citation .was on the 9th of October admitted by William Hart, Senior. - But this writ of errcr was not returned during the term to which it was made returnable, and failed, therefore, to bring up the ease. A second writ of error was taken by the defendant below in August, 1859, returnable to the ensuing December term of this court., The citation under this latter writ was directed to William Hart, junior, and served according to the marshal’s certificate, on Mary Hart, widow.' and executrix of William Hart, senior, who died after the judgment, and on J. D. Stevenson, his former law partner. A. service of the citation on the attorney or counsel of the proper party is sufficient; but the executrix of the counsel on-record ivas not the counsel of her testator’s client. His char acter and duties as counsel did not devolve on his own person al representative after his death. Nor is Mr. Stevenson to be. regarded as the counsel of William Hart, junior, merely because he had been the partner of William Hart, senior. We cannot notice law partnerships or other private relations between members of the bar. This may have been a partnership, solely because it provided for a division of profits, without putting either partner under any responsibility for the suits conducted by the other. The courts can know no counsel in a cause except those who regularly appear as such on the record. ' The citation not being served on the party as his counsel, the cause is not brought into this court, agreeably to- the act of 1789; and the writ must therefore be dismissed for want of jurisdiction. . Writ of error dismissed.