Summary

Portrait of Morrison Waite Morrison Waite The Connemara — Opinion of the Court

The decree is, in legal effect, one decree in favor of all the salvors, they having, as between themselves, unequal interests.
In all the cases where we have held that several sums decreed in favor of or against different persons could not be united to give us jurisdiction on appeal, it will be found that the matters in dispute were entirely separate and distinct, and were joined in one suit for convenience and to save expense.
Source: Wikisource

Portrait of Morrison Waite Morrison Waite The Connemara — Opinion of the Court

Thomas (17 How. 3) , 'they all claimed under one and the same title. They had a common and undivided interest in the claim, and it was perfectly immaterial to the appellants how it was to be shared among them. If there was any difficulty as to the proportions, . . . the dispute was among themselves.'
The case, upon the merits, is one which we are not inclined to consider on a motion to affirm.
Source: Wikisource

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