West v. Johnson

A joint money judgment was rendered against J. C. West and J. H. Edwards on October 15, 1912. On February 14, 1913, J. C. West alone took writ of error. No summons and severance was had. When the cau§e was submitted in May, 1913, the six months allowed by the statute for taking writ of error had expired.

Where there is a joint judgment against several defendants, all of them must join in prosecuting a writ of error therefrom, those desiring to prosecute the writ having the right to sue it out in the names of all notwithstanding the fact that some of them may refuse to join therein. Nash v.…