Jameson v. Colburn
Supreme Court of Alabama
This was a motion to compel E vans, one of the co-defendants below, to join in error.
1Opinion of the CourtCollier, J.
In order to bring a case into the Court, all the parties must join in the writ of error, else it will be quashed, or the case dismissed at the mere motion of the Court.-Phelps vs. Ellsworth,a Callaghan vs. Carr.b
It is competent for one, who considers himself aggrieved by a judgment against him, to use the name of his co-defendants in prosecuting a writ of error, without first obtaining their consent; and if, upon the cause coming into the appellate Court, either of the plaintiffs in error decline joining in the assignment of errors, he should be summoned, and on fhil-ure to join, he severed,…
2Cited by2 opinions
- Smith v. GerlachTexas Supreme Court · 1847
- Dickens v. DickensSupreme Court of Alabama · 1911