Silbaugh v. Guardian Building & Loan Ass'n

Mandate recalled and order dismissing appeal vacated March 12, 1940

ON MOTION TO RECALL MANDATE

(99 P.2d 1017)

On January 16, 1940, the court entered an order allowing the motion of the plaintiff-respondent to dismiss the appeal of the defendant-appellant, Equity Finance Company, a corporation. The basis of the ruling, as shown by the court's opinion, 97 P.2d 943, was that the appealing defendant had not joined its co-defendants as appellants nor served them with notice of appeal, and "this being an appeal from a joint and several judgment against the three defendants in the action, a reversal…