Melville Fuller

“ Rep. 74, after judgment had been rendered here reversing the judgment below, which had passed in favor of the plaintiffs below, the court discovered that the writ of error was sued out and citation directed and served against only one of those plaintiffs, and that the preliminary appeal-bond was made to him alone. The supersedeas bond was, however, executed to all the plaintiffs, and the subsequent proceedings generally bore a plural title. The special circumstances of the case were held to justify the amendment of the writ of error and the issue of a new citation. ”

“ The bond in No. 265 was approved March 10, 1887, and entitled 'A. G. Jennings, surviving complainant in A. G. Jennings and W. P. Jennings v. Thomas Dolan,' and recited that Dolan and his sureties were 'held and firmly bound unto the above-named complainants in the sum of thirty-five hundred dollars, to be paid to the said complainants.' The citation ran 'to Abraham G. Jennings, surviving complainant,' etc., and was served March 24, 1887. In No. 266 the bond was entitled 'A. G. Jennings and W. P. Jennings v. in A. G. Jennings and W. P. Jennings v. ”

“ So far as disclosed by these records, the cause of action did not, on the death of one of the complainants, survive to the other; nor could there have been, nor was there, any severance between Abraham G. Jennings and the legal representatives of Warren P. Jennings; nor do we think that the defect can now be cured. More than four years have elapsed since the final decrees were entered, and, as we have never had jurisdiction over the legal representatives of the deceasd c omplainant, it is impossible for us to obtain it now. In Insurance Co. ”