Melville Fuller

“ For the purposes of these motions to dismiss, defendant in error cannot be permitted in this court to assert that Amadeo was other than a nominal plaintiff, and the cases fall within the principle, occasionally applicable, that parties having no legal interest in maintaining or reversing a judgment or decree are not necessary parties to a writ of error or appeal. ”

“ On December 20, 1904, an appeal bond in the sum of $500, wherein Pastor Marquez & Company was named as principal and Lucas Amadeo and Felix Salazar as sureties, was filed in the clerk's office of the district court, but the bond did not bear the approval of the judge. The bond was entitled 'Antonio Jos e Amadeo and Pastor Marquez & Company vs. Northern Assurance Company;' recited that 'whereas the above-named plaintiffs have sued out a writ of error to the Supreme Court,' etc., and was conditioned that 'the above-named plaintiffs shall prosecute said writ to effect,' etc. ”

“ And although these records are much confused and very carelessly made up, we think that it may be properly held that the effect of the amendments was to bring the liquidator into court with the liquidating company, and, at all events, that, in view of defendants' pleas, the amendments thereupon, and the want of objection below in respect of the liquidator, that objection should not now be entertained in defeat of our jurisdiction. These considerations control the disposition of No. ”