Moore & Son v. Nesmith Lumber Co.

The parties defendant in the case below were the Nesmith Lumber Company, J. L. Nesmith, and W. D. Nesmith. The jury returned a verdict for the defendants, and the plaintiffs excepted. The pleadings clearly show that both J. L. Nesmith and W. D. Nesmith were necessary parties in the lower court, and they are interested in sustaining the verdict in their favor and the judgment based thereon. In the bill of exceptions neither J. L. Nesmith nor W. D. Nesmith is made a party defendant, — the only such party made therein being the Nesmith Lumber Company. J. L. Nesmith and W. D. Nesmith were not…