Smallwood v. Kimball

1. An action of ejectment was brought in the name of four plaintiffs. Before the trial one of them entered a retraxit upon which judgment was entered by the court in favor of the defendants against such plaintiff, and he was dismissed from the suit. The case proceeded to trial, which resulted in a verdict for the defendants. Thereafter a motion for new trial was filed by the plaintiffs, which, being overruled, a bill of exceptions was sued out in which all four of the original plaintiffs were described as plaintiffs in error. A pauper affidavit was filed *50by the three plaintiffs who remained…