Burns v. Toney

Supreme Court of Oklahoma
Burns v. Toney, 117 P. 209 (Okla. 1911)
27 Okla. 728; 1911 OK 10; 1911 Okla. LEXIS 38
Kane

Burns v. Toney

Opinion of the Court

KANE, J.

The appeal in this case must be dismissed. The • judgment rendered below seems to have been a joint judgment against the Bank of Comanche, the Comanche National Bank of Comanche, and other parties. Robert Burns, receiver of the Bank of Comanche, alone appeals. In Vaught v. Miners' Bank of Joplin, ante, 111 Pac. 214, this court held that:

“All persons against whom a joint judgment has been rendered must be made parties to a proceeding to reverse such judgment, and a failure to join any of them, either as plaintiffs or defendants, is ground for the dismissal of the ease.”

The appeal is dismissed.

All the Justices concur.

Reference

Full Case Name
BURNS, Receiver, v. TONEY
Cited By
5 cases
Status
Published
Syllabus
APPEAL AND ERROR — Defect of Parties — Dismissal. All persons against whom a joint judgment has been rendered must be made parties to a proceeding to reverse such judgment, and a failure to join any of them, either as plaintiffs or defendants, is ground for the dismissal of the case. (Syllabus by the Court.)