Swift v. Hill

Decided January 15, 1835

Supreme Court of Alabama · decided 1835-01-15

Error from Eolias Circuit Court — Before the Hon. P. T. Harris. A motion was made in this ease, by defendant, Hill, to quash the writ of error, because it was brought in the name of Swift alone, for the purpose of reversing a judgment rendered on an appeal bond, against Swift and Harris. This record specifies no particular road, for failing to work on which, the party was sued.

Decided 1835-01-15

By Mr. Chief Justice Saffold :

¶1The j udgment was rendered against Swift, and one William Harris, as his security in the appeal bond. The writ of error is prosecuted in the name of Swift alone; and now the defendant insists, that for’this cause, the writ be quashed.

¶2If a joinder in error could be deemed material, there is none in this case.

¶3This court has on several occasions recognised the principle which is fatal to this writ.—(See Caller vs. Brittain—Webster vs. Yancey, et al.—Eastland vs. Jones, et al.aIn the latter case referred to, the facts were precisely the same as in this case.

¶4Both defendants in the judgment, should have been made parties to the writ of error ; the same not having been done - the writ must be quashed.

¶5 183,275. •