Outcalt v. Collier
Supreme Court of Oklahoma
Error from the District Court of Oklahoma Countyj before James R. Keaton, District Judge. Action by William M. Collier against E. Taylor and others on a promissory note. There was a judgment for plaintiff, and from an order overruling a motion to- set aside the judgment as to him, George W. Outcalt brings error. STATEMENT OF THE CASE. This cause was dismissed at the June term, 1898, for the reason, as stated in the opinion by Dale, .C.
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Error from the District Court of Oklahoma Countyj before James R. Keaton, District Judge. Action by William M. Collier against E. Taylor and others on a promissory note. There was a judgment for plaintiff, and from an order overruling a motion to- set aside the judgment as to him, George W. Outcalt brings error. STATEMENT OF THE CASE. This cause was dismissed at the June term, 1898, for the reason, as stated in the opinion by Dale, .C. J., that the plaintiff in error had failed to make his co-defendants parties to the appeal. (6 Okla. 615.) A rehearing was ordered, and it is now contended…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The first question presented is, are-the other defendants below necessary parties to the-appeal? The general rules for determining! this question may be stated thus: (1) All persons who' are parties-to the proceedings in the trial court, and whose interests, will be adversely affected by a reversal of the judgment,, must be brought into the appellate proceeding. (2) If the-interests of those who are brought into- the appellate proceedings as parties will be injuriously affected by a reversal or modification of the judgment complained of,, without a…
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