William Henry Moody

“ But we ought not to encourage such looseness of practice. Some of the questions raised by the defendant were passed on adversely to it in the circuit court of appeals, and we do not intend to intimate any doubt of the correctness of the decision of that court. The writ of error sued out by the plaintiffs, and the assignment of errors which accompanied it, set forth all the questions regarding the action of the court below, of which the appellate court was bound to take notice. ”

“ The defendant owes the amount of these bonds, and, at the beginning of this action, owed it to the plaintiffs. It has no interest or concern in the proper division of the amount due on the bonds among those who are entitled to share the proceeds of the verdict. We are not disposed to open the way to the defendant to raise technical questions to embarrass the progress and delay the final ending of this action. The defendant is entitled to a decision upon the questions which it has properly brought to this court, and no others. ”