Jameson v. Colburn
This text of 1 Stew. & P. 253 (Jameson v. Colburn) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In order to bring a case into the Court, all the parties must join in the writ of error, else it will be quashed, or the case dismissed at the mere motion of the Court.-Phelps vs. Ellsworth,
It is competent for one, who considers himself aggrieved by a judgment against him, to use the name of his co-defendants in prosecuting a writ of error, without first obtaining their consent; and if, upon the cause coming into the appellate Court, either of the plaintiffs in error decline joining in the assignment of errors, he should be summoned, and on fhil-ure to join, he severed, and the writ prosecuted by the other plaintiffs separately
The Court, therefore, directs, that the summons issue, unless Evans dispense' with it, by express waiver.
3 Day's Cases 144.
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1 Stew. & P. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jameson-v-colburn-ala-1832.