Mastin v. . Porter

That one defendant in a joint judgment against two or more cannot appeal without his codefendants has been settled by many decisions in this Court, one of which has been made recently. Smith v. Cunningham, 30 N.C. 460. The motion made in the County Court to dismiss the appeal of the defendant from that court ought, therefore, to have been granted, but having been refused, could the plaintiffs appeal immediately from the order of refusal, or were they bound to wait until a final judgment was rendered against them? The question arises upon the act of 1777 (Rev. St., ch. 4, sec. 1), which…