Hurst v. Lakin

<p>1. Appeal and Error — Parties—Necessary Parties in General. — In the absence of any statutory provision permitting appeals by one party, all parties to the action having a direct interest in the litigation, against whom a joint judgment is entered, must join in the ' appeal.</p> <p>2. Same — Same—Sureties on Appeal Bond. — Where judgment is en-. tered in the district court, in a case appealed from a justice’s court, against the defendant jointly with the sureties on his appeal bond, the defendant may prosecute the appeal alone, since judgment is entered against the sureties without notice and as a matter of course, and they are in no proper sense parties to' the suit below, and, while the statute contemplates appeal by all parties who are parties interested in the controversy, that requirement does not extend to the sureties on appeal bonds.</p> <p>3. Same — Matters to be Shown by Record on Appeal — Grounds of Decision. — On appeal by defendant from a judgment in an action on a note, where the record does' not show the facts alleged by the plaintiff as constituting an estoppel to set up the defense of a want of consideration, the judgment for plaintiff must be reversed.</p> <p>CAMPBELL, J., dissenting.</p>