HAYES v. Stephenson

Opinion by

Montgomery, J.,

A. J. Hayes and Emery Motor Sales Company, a corporation, brought an action in assumpsit for monies alleged to be owed them by defendants and recovered a joint verdict. From the grant of a new trial, Emery Motor Sales Company filed this appeal. A. J. Hayes did not appear or disclaim his right to appeal, and from the record before us it appears that the appeal was not filed in his behalf jointly with appellant. Defendants-appellees have filed a motion to quash the appeal because of the failure of Hayes to join in it.

Although the jury returned a verdict for the…