Cheatham v. Palmer

1. The bill of exceptions is not subject to dismissal:(a) For the reason urged, that no proper plaintiff in error is named. Although the bill of exceptions is signed by counsel as "attorneys for plaintiffs [plural] in error," it refers to the "plaintiff in error" as "this defendant," and identifies such defendant as the one who filed general and special demurrers to the petition, and it is "this defendant" who excepts and assigns error on the adverse rulings. The fact that the other two defendants, who filed no demurrer, were not made plaintiffs in error is immaterial, for the reason that…