Richards v. American Bank

(after stating the facts as above).

*403The defendant in error moves to dismiss the writ of error on the ground that the judgment sought to be reviewed is a joint judgment against two copartners, and that the plaintiff in error alone, and without obtaining or petitioning for a severance or giving any notice to his co-defendant, sued out the writ of error. In Masterson v. Herndon, 10 Wall. 416, 19 L.Ed. 953, the court, through Mr. Justice Miller, said: “We do not attach importance to the technical mode of proceeding called summons and severance. We should have held this appeal good if it had…