Smith v. Collins (12 F.2d 267, 1926)

PER CURIAM.

The appellee, who was the plaintiff below, makes a motion to dismiss the appeal in this case, on the ground that the decree was a joint decree against all the appellants, who were the defendants below, and that the defendant Lewis did not join with the other defendants in their appeal, nor did he perfect any appeal from the decree, nor wa’A he barred from a review of the decree by any record in the court below, or a decree or order in the proceeding of summons and severance, or by any consent to or refusal to take part in the appeal of the other parties. The record of the court below demonstrates that the grounds of this motion which have been stated in fact exist. The motion, therefore, must be sustained on the authority of Lamon v. Speer Hardware Co., 190 F. 734, 735, 111 C. C. A. 462, and the cases there cited; 4 Poster, Federal Practice (6th Ed.) § 697, p. 3769; Copland v. Waldron, 133 P. 217, 219, 66 C. C. A. 271; Masterson v. Herndon, 10 Wall. 416, 418, 19 L. Ed. 953; Beardsley v. Ark. & La. Ry. Co., 158 U. S. 123, 127, 15 S. Ct. 786, 39 L. Ed. 919. There are other grounds for the granting of this motion presented which it is unnecessary to recite, but they disclose violations of the rules of this