
    WEST ET AL. v. RICHARDS.
    On Certiorari. Practice.
    In a suit and judgment against several defendants, when only one of them appears. the others may have a Gertiorari, but should upon its return, take a rule on him who appeared, to shew cause why they may.not prosecute the writ without him.
    
      Mr. Jeffers
    
    moved to dismiss the Gertiorari as improvidently issued, the trial having been had and the judgment rendered in the presence of the defendants, who appeared by their attorney or counsel.
    
      Mr. Wilson, contra.
    
    Upon the return of the Certiorari a rule was taken upon the Justice to certify whether the attorney appeared for all of t-he defendants, or only for West. By his return to that rule, it now sufficiently appears, that the attorney only appeared for West. The trial and judgment was therefore in the absence of the other defendants, and they are entitled to this writ.
   Per Cur.

The defendants who did not appear may have a Certiorari; but upon the return of the writ, a rule ought to have been taken and served on West, to shew cause, why they should not be permitted to prosecute it without him. But as it was uncertain what would be the Justice’s answer to the rule made on him: and as there has been some looseness hitherto in the practice in such cases, let the plaintiffs in Certiorari who did not appear before the Justice, take a rule on West to shew cause during this term, why they should not prosecute this suit without him.

Motion for dismissal refused.  