
    D. C. Thomas vs. John D. Wyatt.
    All the parties against whom judgment is rendered in the circuit court, must join in a writ of error to this court, or it will be dismissed.
    And it is immaterial in what manner they became parties to the judgment; where, therefore, T. sued W. in replevin under the statute, and the verdict was for the defendant, and the court rendered judgment under the statute on the bond given by T. not only against him, but also against L. & B. his sureties, it was held, that a writ of error sued out by T. alone, must be dismissed for want of proper parties.
    In error from the circuit court of Holmes county.
    A motion was made to dismiss the writ of error in this case, on the ground, that all the parties to the judgment in the court below, had not joined in the writ of error.
    D. C. Thomas brought an action of replevin under the act of 1842, against John D. Wyatt; and gave bond according to'the statute, with William Landsdale and James A. S. Bryan as his sureties. On the trial of the case in the court below,'the jury found for Wyatt, and the court awarded judgment against Thomas, Landsdale and Bryan jointly on the bond ; and Thomas alone sued out this writ of error.
    
      H. W. Brown, for motion.
    The writ of error must be in the name of all the defendants. If it is not, it will be quashed. If one party wishes to prosecute the writ alone, he must do so in the name of all, and if they will not unite in assigning errors, he can have a summons and severance from them. Flournoy v. Burke, 4 How. 337; Henderson v. Wilson, 4 S. <fc M. 732; Preira v. Silva, 4 S. & M. 735.
   Per Curiam.

A motion is made to dismiss this case because all the parties against whom judgment was rendered in the circuit court, have not joined in the writ of error.

The action was replevin, brought by Thomas against Wyatt. The verdict was for the defendant, and the court rendered judgment as the statute requires, against the plaintiff and his sureties in the bond for the amount of the verdict. There were two sureties, but Thomas alone sues out the writ of error, which writ recites a judgment against Thomas in favor of Wyatt. The record returned shows a judgment against Thomas and Landsdale, and Bryan as sureties. It is immaterial in what character Landsdale and Bryan became parties to the judgment. It is against the three parties as a joint judgment, and of course they should be joined in the writ of error.

Motion sustained.  