Howard v. Waggamann

E. W. Irvine instituted suit against R. H. Short and R. S. Howard, to recover from them in solido twenty-five hundred dollars.

Judgment was rendered against them as prayed for. Motion was made for a suspensive appeal, which was granted. Short alone filed a bond.

In this court Irvine moved to dismiss the appeal, on the ground that Howard was a necessary party thereto, and, having failed to file his bond, had not been made a party.

The motion was denied, on the ground that Howard not having filed his bond, thus bringing up his appeal, he and the plaintiff were appellees. *100As to Short, the judgment…