Walker v. Ful-Kalb Inc.

Gilbert, Justice.

The motion to dismiss the writ of error is on the ground that all parties in the case before the trial court as defendants and interested in sustaining the judgment therein have not been named as defendants in error, and have not been served with a copy of the bill of exceptions or waived service of the same. In passing upon the motion it is necessary to note that in a cross-petition the parties do not necessarily include all that were named in the main suit. In the petition brought by the trustees of the church, which is detailed in the first part of the statement of the…