Andre v. Jones
Supreme Court of Colorado
Appeal from District Court, Clear Creek County. Jones recovered judgment against Andre and Haskins ; both defendants appealed, and day was given to perfect the appeal, by bond, with security. Within the time limited Andre filed his bond, with surety, but his co-defendant did not join therein, and the condition of the bond recited an appeal by Andre only.
1Opinion of the Court
Beleord, J.,
was of opinion that leave to amend ought to be allowed.
2Per curiam
The motion to dismiss must .be allowed; the appeal was granted upon certain conditions, which have not been complied with. Haskins has evidently abandoned his appeal. The defendants might have prayed joint and several appeals, but they both united in the only appeal which was prayed, and a joint appeal of two cannot be prosecuted by one only. Watson v. Thrall, 3 Gilm. 69; Johnson v. Barber, 4 id. 1.
Motion allowed.
3Cited by4 opinions
- Diamond Tunnel Gold & Silver Min. Co. v. FaulknerSupreme Court of Colorado · 1890
- Tanquary v. HowardSupreme Court of Colorado · 1905
- Tate v. HollyColorado Court of Appeals · 1912
- Tate v. HollyColorado Court of Appeals · 1912