26 Mich. 101
Decided October 30, 1872
Michigan Supreme Court · decided 1872-10-30
<p>Writofemr: Joint demand : Parties: Severance. A writ of error brings up the whole case. In an action upon a joint demand against three, where the judgment of the court below was in favor of two of the defendants, and against the other, a writ of error brought by the plaintiff against the two defendants only, will be dismissed; it is not competent to sever in that manner.</p>
Decided 1872-10-30
¶1A writ of error brings up the whole ease.
¶2In an action upon a joint demand against three, the jury returned a verdict in favor of two of the defendants, and against the other; and judgment was entered accordingly. The plaintiff brought error as to the two only. The writ should have issued as to all, and it is not competent to sever in that manner.
¶3Writ dismissed without prejudice, and with leave to plaintiff to move in the court below for a new trial.