Jones v. Major

The defendant in error moves in this court to dismiss the writ of error on two grounds, first that R. T. Gris-son, the defendant in fi. fa., is an indispensable party who has not been made a party and has not acknowledged service, and neither has he been served as provided by law; and second that this case being brought to the appellate court upon a pretended motion to reinstate the case, such motion must be treated and considered as a motion for new trial. There is no merit in either of these grounds. The defendant in fi. fa. is not a necessary party. “Where a bill of exceptions is filed to…