Clark v. Knox
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Motion to dismiss the appeal. The transcript has not come to the hands of the reporter, and he can not state the facts on which the motion is founded.
1Opinion of the CourtBb.ickell, C. J.
— The decree rendered on the original bill did not change the relation of the parties to the suit. An appeal prosecuted by the complainant, from the decree, must be prosecuted against all the defendants to the bill — they are *402all necessary and proper parties appellee. An appeal, prosecuted by any of the defendants, must be prosecuted in the name of all the defendants, and against the complainant as sole appellee. v Th,e appellants can join, or sever, or refuse to take any part’in the assignment of errors. The decree not being for the payment of an ascertained sum of money by the complainant,…
2Cases cited1 opinion
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
3Cited by6 opinions
- Long v. HoldenSupreme Court of Alabama · 1927
- Washington v. ArnoldSupreme Court of Alabama · 1910
- Jemison v. BrownSupreme Court of Alabama · 1967
- McKenzie v. MingeAlabama Court of Appeals · 1919
- Branch v. DavisUnited States Circuit Court · 1886
1 more not listed; retrieve them via the Exa API.