Koch Co. v. Adair

1. Where an action was brought against thirteen defendants, charging them with having damaged the plaintiff by their joint acts of fraud and deceit, and ten of the defendants demurred to the petition and the action was dismissed as to them, the remaining defendants were *825not necessary defendants in error to the bill of exceptions filed by the plaintiff to review the judgment dismissing the petition as to the ten demurring defendants, and the writ of error was not subject to dismissal in this court upon the ground that the other defendants were not made parties to the bill of exceptions nor…