Rutan v. Studebaker
Rutan v. Studebaker
Opinion of the Court
This writ of error was taken by C. H. Rutan and M. King to a judgment of the circuit court for Walton county upon a statutory proceeding on an affidavit alleging the illegality of an execution issued by the clerk of the circuit court upon a judgment rendered by the county judge and recorded in the office of the clerk of the circuit court. The judgment is against M. King and C. H. Rutan, as principals, and against Nimrod McGuire and E. H. Miller as sureties in the bond filed with the affidavit of illegality. It is suggested in the brief of counsel for the defendant in error that the writ of error should be dismissed because the judgment to which the writ of error issued is a joint judgment against four persons while only two of them take out the writ of error. In such cases all the persons against whom the judgment is rendered should be joined in the writ of error and if necessary summons and severance may be had. Nash v. Haycraft, 34 Fla., 449, 16 South. Rep., 324; Standley v.
Reference
- Full Case Name
- C. H. Rutan and M. King, in Error v. R. L. Studebaker, in Error
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. All persons against whom a joint judgment is rendered should be joined in a writ of error taken to the judgment, and if necessary summons and severance may be had in the appellate court. 2. Where in a statutory proceeding in the circuit court to test the validity of an execution issued on a judgment in a claim proceeding the judgment is against four persons, and only two take writ of error to the judgment and neither the defendant in execution nor the claimant of the property in the claim proceeding is a party to the writ of error, it will be dismissed for want of necessary parties.