Richard Andrews and Another, in Error, versus Zadock Bosworth
The writ of error was entered at the last September term, when Ely, for the defendants in error, suggested that there was a diminution of the record of the proceedings before the justice, and moved for a writ to issue to him, to certify the whole record., Bliss, for the defendants in error,,
Bliss
Cited by 9 opinions | Published
Sufficient cause to quash this writ appears on the face of the record certified to us ; and in such case the proper course is by motion
Writ of error quashed.
[When judgment is given against several, any of them may bring a writ of error, but it must be in the names of all, for otherwise this inconvenience would ensue, that every defendant might bring a writ of error, and, by that means, delay the plaintiff from having the benefit of his judgment, though it should be affirmed once or oftener.—Arcb. Prac Com. Pl. 1 vol. p. 208, 209.—Ed.]