Saunders v. Saunders

Citations

• 49 Miss. 327

Syllabus

<p>1, Peactice — Wbit oj? Erboe_The Code of 1857, art. 9, gives tho writ of error to any party aggrieved by a judgment or decree. If there be several, any one is entitled to the writ. Such was the right at common law.</p> <p>2, Same — Where Several Paeties Thereto. — Where there are several parties to a judgment, one may take steps to have it reviewed ; but, to make one suit final, he must institute proceedings to compel the others, either to join with him or withdraw altogether, which latter alternative bars them of another writ. Whit-worth et til. v. Carter, Adm’r, 41 Miss. Rep., p. 640; Hoggatt v. Eerrall, ib., 643.</p> <p>3, Same — Rums as to Bab oe Statute. — The rule is, if the interests, are necessarily joint, the bar of one by the statute is the bar of all; but if the interests be joint and several, disability may save one, whilst the statute would bar another. Booty. McEerrin, 37 Miss. Rep., 52.</p>