Aylesworth v. Milford

38 Ind. 226

Opinion

Pettit, J.

This suit was brought by Milford, Ex’r, against Aylesworth and McElroy, on a promissory note, and judgment was rendered against both of the defendants, and Aylesworth only appeals, and has not joined his co-defend.ant with him in the appeal, nor has he given McElroy notice, as required by sec. 551, 2 G. & H. 270.

The numerous and uniform rulings of this court are, that in such a case, the appeal must be dismissed.

The appeal is dismissed, at the costs of the appellant.

*

Motion to reinstate overruled.