Tardy v. Rosenstock

Citations

• 118 Miss. 720
• 80 So. 1

Syllabus

<p>1. Appeal and Ebboe. Failure of party to appeal. Issuance of summons.</p> <p>Under the Code of 1906, section 43 (Hemingway’s Code, section 19), requiring all parties to a decree or judgment who do not join in an appeal to be summoned to do so, where a judgment is rendered against several defendants and one of them does not join in the appeal, by the others, and is not summoned to do so, as required by the statute, the supreme court, instead of affirming the judgment, will either dismiss the appeal or require the absent party to be summoned before considering the case.</p> <p>2. Same.</p> <p>Where all parties against whom a judgment has been rendered do not join in the appeal and no summons was issued to those not joining in the appeal, as required by the statute, the appellee may have such summons issued in order to speed up the hearing of the case.</p>