Ward v. Douglass

The defendants have moved to dismiss this: appeal, on the ground that the sureties on the iniunetion bond have not appealed, and are not parties to the appeal.

The motion for an appeal was made in open court and granted, and the appeal bond is in favor of the clerk. We have held that under such a state of facts the parties to tho suit, who are not appellants are appellees, and that the appeal will not be dismissed. The motion is therefore refused.

*464On the merits, the view we liave taken renders it unnecessary for us •to notice either the exception, based, on the inartificial and confused…