Savage v. Walsh

The judgment in the court below was against James Savage and Darrington. Savage alone sued out the appeal, and gave bond with security, as required by the statute, to supersede the judgment. After the cause was *294brought to this court, Savage died; and the motion now is, that the suit abate by reason of his death.

The rule which has long been established and recognized .by this court, is, that where there are several defendants to a judgment in the court below, some one or more of whom desire to revise the judgment in a higher tribunal, and the others are unwilling to join them, the party…