McWilliams v. Jacobs

The defendants in error moved to dismiss the bill of ■exceptions, (1) because there was no notice given them of the application for leave to file the information in the nature of a writ of quo warranto, and they were not parties to the application; and (2) because there is no case pending against them as to the matters alleged in the petition for leave to file the application, and they can not be made parties to a bill of’exceptions in a case in which they were never sued or served, and from the judgment* or decision in which they could not themselves have had a writ of error, or filed’…