Melville Fuller

“ But it is said that the matter in dispute far exceeded the jurisdictional limit, because Kiesel, Carnahan, and Anderson had filed a cross complaint, seeking to set aside and cancel Wilson's judgment against the Ogden Power Company, which was a judgment for $22,405.16. This contention, however, only demonstrates that the appeal must be dismissed for want of proper parties, as the other defendants were directly and vitally interested in the disposition of the cross complaint, and necessary parties to the appeal. ”

“ Not having been made such, and there being no summons and severance, or the equivalent, the appeal cannot be sustained. Davis v. Trust Co., 152 U.S. 590, 14 Sup. Ct. 693; Hardee v. Wilson, 146 U.S. 179, 13 Sup. Ct. 39. ”