Rosenbaum Co. v. Diskin

Whitten, J.,

This case is before the court upon an appeal from a judgment entered October 25, 1929, by Alderman Dan E. Dunmire in favor of the plaintiff and against Thomas J. Diskin and Anna Diskin. The transcript of the alderman’s record contains the following: “And now, November 14,1929, defendant, Thomas J. Diskin, appeals — pays costs.”

The affidavit necessary for the appeal reads thus: “And now, November 14, 1929, comes Thomas J. Diskin, one of the defendants in this case, who, being duly qualified,” etc.

There is nothing in the affidavit to indicate an intention to join Anna Diskin as an…