Ebert v. Ludlow

Ludlow recovered a judgment against Ebert and Martin before a justice of the peace, from which Ebert appealed; and on the 29th of July, 1852, the justice’s transcript, with the appeal bond and certain other papers in the cause, was filed in the Circuit Court. The' plaintiff moved to dismiss the appeal on the ground that it was not taken by and in the name of both defendants. The Court sustained the motion, and the appeal was accordingly dismissed.

The Court ruled correctly. In Kain v. Gradon, 6 Blackf. 138, it was held that “if from the judgment of a justice of the peace against several…