(Download) "Thomas Deye Owings and Others, Appellants v. Andrew Kincannon" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Thomas Deye Owings and Others, Appellants v. Andrew Kincannon
- Author : United States Supreme Court
- Release Date : January 01, 1833
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Bibb, for the appellee, moved to dismiss the appeal, on the ground, that the decree of the circuit court of Kentucky was against Thomas Deye Owings, James M. Blakey, Milton Stapp and Charles Buck, as well as against the appellants; yet the appeal had not been prosecuted by any others than those named in the citation, Lewis W. R. Phillips, Sally Head and Nancy Head. By the record, it appears, that the appeal was allowed generally; but the bond is given by L. W. R. Phillips, Sally Head and Nancy Head only. It is, therefore, the proceeding of those parties only. No exception is taken to the execution of the bond, as by the decisions of the state courts of Kentucky, and also of the circuit court, a bond requiring surety, in legal proceedings, need not be executed by any but the surety of the parties for whom he has consented to become bound. Loughborough opposed the motion. He contended, that as the appeal had been allowed to all the parties, the bond and citation operated generally, and all the defendants were before the court as appellants. But if this was to be considered as the separate appeal of some of the defendants, it was legal. Coxe v. United States, 6 Pet. 172. The appearance of the defendant in error, which was entered at January term 1831, and other proceedings on his part, by motion in the case, deprived him of a right to move to dismiss the appeal at this term.