Cook v. Conway

A joint judgment having been rendered against Conway and Payne, in favor of Coolt, the Circuit Court, at a subsequent term, set aside the judgment as to Conway, upon a writ of error, corain nobis, prosecuted by him alone, on two grounds: towit, first, that the sheriff had falsely returned the process executed on him, and second4 that he had never appeared by attorney or in proper person, although the record stated that he had.

That judgment in favor of Conway is erroneous, and must be reversed, for the following reasons.

First. Payne was a necessary party; and if it had been proper to set aside…