Unknown County MsArchives Court.....Green, Mr 1839
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Deb Haines ddhaines@gmail.com December 8, 2005, 9:08 pm

Source: Reports Of Cases Argued And Determined In The High Court Of Errors And Appeals Of The State Of Mississippi
Written: 1839

Green et al. v. The Planters’ Bank.

pages 43-44

The appeal bond must be in the name of all the parties against whom the 
judgment was rendered. If some of the parties will not join in the appeal, any 
one who may desire a revision of the judgment, may proceed by summon and 
severance on his own case alone, and exempt himself from any eventual 
liability for the others.

MOTION to dismiss.

Hughes, for the motion.
Hutchinson, contra.

Mr. Justice PRAY delivered the opinion of the court.

This was a motion in the court below, made by the plaintiffs in error and 
others, their co-defendants, to quash a forthcoming bond for reasons assigned.

The reasons were deemed insufficient, and the motion was overruled.

From this judgment of the court below, the plaintiffs here, two out of four of 
the defendants below, prayed an appeal to this court which was granted, and 
the cause brought into this court.

A motion is now made here, to dismiss the appeal so taken: because, 

The judgment in the court below, was rendered against James D. Goff, William 
L. Davidson, Henry Gran, and Benjamin E. Phillips: and the appeal is taken by 
Gran and Davidson, without summons and severance.

There can be no doubt that the appeal shou1d be in the name of all the parties 
against whom the judgment was rendered. If some will not join in the appeal, 
any one who may desire a revision of the judgment, may prosecute his appeal. 
Then by summons in severance, he might proceed on his own case alone and 
exempt himself from any eventual liability for the others. Young v. Ditto, 2 
J. J. Marshall, 72.

This we are satisfied is the law as applicable in the present case. Here the 
appeal is prosecuted only by two, and there is no summons and severance.

It is, therefore, irregular, and must be dismissed.


Source: Reports of Cases Argued and Determined in the High Court of Errors and 
Appeals of the State of Mississippi, by Volney E. Howard, Reporter to the 
State; Vol. III; Containing the Cases for December Term, 1838, and January 
Term, 1839. NEW ORLEANS: E. JOHNS & CO., STATIONERS’ HALL, 1839.

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