Bartlett v. Keating

The record shows a judgment in the court below against three—the two appellants and one Daniher. It shows, also, an appeal to this court, prayed by and allowed to all three of the judgment defendants. But the appeal is prosecuted by two only, and in their names alone.

Appellee asks that the appeal be dismissed. Upon this state of the record we think that this must be done. While, under the terms of our statute, one of several parties to a judgment may appeal, and for that purpose may be permitted to use the names of the parties not desiring to join in the appeal, yet when several defendants…