Samuel Nelson, The Protector (78 U.S. 82) — Opinion of the Court
“ The Bank of the United States, [5] which was a writ of error, where it was held that all the defendants must join, and applied the same rule to the ease of an appeal. He cited the act of 1803, and observed that 'the language of the act which gives the appeal appears to us to require that it should be prosecuted by the same parties who would have been necessary in a writ of error.' But the case of Francis O. J. Smith, appellant, v. Joseph W. Clark et al., [6] is more direct to the point before us. It was a motion to docket and dismiss in the case of an appeal, under the 43d rule of the court. ”
