Billiter v. Ledbetter-Johnson Contractors Inc.

Where in a suit against several joint defendants “there is a verdict for the plaintiff against some of the defendants for a given amount, and in favor of the other defendants, there can be no new trial between the plaintiff and the latter alone; but if a new trial is granted at all, it must be granted as to all the parties. Accordingly, all the defendants below are necessary parties to a bill of exceptions sued out by the plaintiff for the purpose of obtaining a new trial; and if some of these defendants are not made such parties, the writ of error must be dismissed.” Hunter v. Wakefield, 97…