
    JAMESON versus COLBURN.
    lEn order to bring a cause into the app~iIa~e Coert by error, all the partes must join in the writ-and it is competent for one to use the name of hie co-defendant, without his consent.
    This was a motion to compel E vans, one of the co-defendants below, to join in error.
   COLLIER, J.

In order to bring a case into the Court, all the parties must join in the writ of error, else it will be quashed, or the case dismissed at the mere motion of the Court.-Phelps vs. Ellsworth, Callaghan vs. Carr.

It is competent for one, who considers himself aggrieved by a judgment against him, to use the name of his co-defendants in prosecuting a writ of error, without first obtaining their consent; and if, upon the cause coming into the appellate Court, either of the plaintiffs in error decline joining in the assignment of errors, he should be summoned, and on fhil-ure to join, he severed, and the writ prosecuted by the other plaintiffs separately-Bradshaw, et al. vs Callaghan, et ux.

The Court, therefore, directs, that the summons issue, unless Evans dispense' with it, by express waiver. 
      
       3 Day's Cases 144.
     
      
      1Marshal 22.
     
      
      2Sellon's Prac. 404
     
      
      8Johns.R. 558.
     