Ferguson v. Despo

We are asked to dismiss this appeal or affirm the judgment on the ground of an alleged defect in the assignment of errors.

The amended assignment in the title of the cause leaves out the name of one of the appellants. In the body of the assignment, however, the names of all the parties are given thus: “The above named appellants (naming each of them) file this their amended assignment of errors, making their co-defendants below in the Lawrence Circuit Court (naming them) co-appellees with said other appellee, Alfred 0. Despo, for the reason that said (naming the co-appellees) have not joined…