Nelson v. Territory of Washington

The opinion of the court was delivered by

Hoyt, J.

The judgment in this case was against three defendants, only two of whom have joined in the appeal to this court. And, as the appellee urges the non-joinder of the third defendant as a reason for the dismissal of the appeal, the case is brought directly within the authority of Cline v. Mitchell, ante, p. 24, and the motion to dismiss the appeal must be granted unless a certain affidavit filed by the two defendants in the court below and brought here with the transcript, has the effect of taking the ease out of the rule established in the case…