Johnston v. Geary

In my opinion, the appeal should not be dismissed but the judgment should be affirmed on merits. It is urged on behalf of respondents, and the view is expressed in the prevailing opinion, that, because defendants served and filed a joint notice of appeal, and because two of them neither filed a bond on appeal nor an affidavit of impecuniosity, the appeal should be dismissed as to all of the defendants. While there seems to be some conflict in the adjudicated cases with respect to the effect of the service of a joint notice of appeal under a state of facts similar to those here presented, much…