Cimeo v. Danerwheim

Tauiakerro, J,

The plaintiff and appellee moves to dismiss the appeal, and states the following grounds for the motion :

*6601. All parties interested must be cited, or appear in the appellate Court, or the appeal will be dismissed.

2. The surety on an injunction bond is incompetent as a surety on tho appeal bond, in the same suit, if he has been condemned*by the judgment appealed from as. a party.

3. The surety on an injunction bond is a party to the suit.

It is from a judgment in solido, against appellant and his surety on the injunction bond, that this appeal is taken. The surety on the injunction…