Stephens v. Bost

At the April term of the Jackson circuit court it was ordered that plaintiff in error be appointed special state’s attorney for the prosecution of Hardy Bost as highway commissioner, and at the following term that order was vacated. A motion to dismiss the writ of error on the ground that plaintiff in error is not a party or privy to the record was taken with the case. It has been held that a writ of error may be prosecuted by a party or privy to the record, or by one who is injured by the judgment or who will be benefited by its reversal, or who is competent to release error. Anderson v.…