Joseph Story

“ All the defendants originally claimed an appeal; some of them have declined to pursue it at all; others have deserted it, since it was pending in this court; and therefore, there is no pretence to say, that any practical inconvenience can occur from Todd's now prosecuting it alone, and since the other defendants have all had notice and declined to interfere, and are content to abide by the original decree. ”

“ There is no doubt, that the appeal having been deserted by all the original defendants, except Todd, it must be dismissed with costs as to them; but as to Todd, very different considerations must arise. He seeks to reverse the decree in the court below, as erroneous in regard to himself; and the question is, whether he is not entitled to maintain the appeal separately, for his own interest, although it is deserted by all the other defendants. We think that he is ”

“ The objection in that case was not, that one or more of the defendants might not pursue an appeal, for their own interest, if the others refused to join in it, upon due notice, and process for that purpose from the circuit court ”