Citations
- 57 Cal. 363
Full opinion text
The Court :
There is no error in the case as presented in the transcript. Conceding that any one of the sureties might have had the benefit of the set-off pleaded by their principal, if they had united with him in pleading it, neither of them did so unite. The principal did not appeal. Only one of the sureties appealed, and as he did not unite in making the defense in the Court below, he cannot be heard in relation to it here.
Judgment affirmed.