Bennett v. Seibert

On Petition fob a Reheabing.

Gavin, J.

The appellees seek a rehearing upon the ground that this court had no jurisdiction, by reason of a failure of the appellant to bring before it all the parties plaintiff in the court below. The judgment was in favor of George W. Seibert, Leander A. Fulmer and Frederic Gansberg. In preparing the assignment of errors, counsel for appellant, by misprision and accident, wrote the name of the second appellee as "Hiram Seibert” instead of Leander A. Fulmer, as it should have been.

The authorities establish the proposition as claimed by appellees’ learned counsel,…