BURNS v. TONEY

BURNS v. TONEY
1911 OK 10
117 P. 209
27 Okla. 728
Case Number: 638
Decided: 01/10/1911
Supreme Court of Oklahoma

BURNS, Receiver,
v.
TONEY.

Syllabus

¶0 APPEAL AND ERROR--Defect of Parties--Dismissal. All persons against whom a joint judgment has been rendered must be made parties to a proceeding to reverse such judgment, and a failure to join any of them, either as plaintiffs or defendants, is ground for the dismissal of the case.

Error from District Court, Stephens County; Frank M. Bailey, Judge.

Action between L. E. Toney and Robert Burns, receiver, and others. From a judgment for plaintiff, Robert Burns brings error. Dismissed.

Robert Burns, pro se.
Gilbert & Bond and J. B. Wilkinson, for defendant in error.

KANE, J.

¶1 The appeal in this case must be dismissed. The judgment rendered below seems to have been a joint judgment against the Bank of Comanche, the Comanche National Bank of Comanche, and other parties. Robert Burns, receiver of the Bank of Comanche, alone appeals. In Vaught v. Miners' Bank of Joplin, ante, 111 P. 214, this court held that:

"All persons against whom a joint judgment has been rendered must be made parties to a proceeding to reverse such judgment, and a failure to join any of them, either as plaintiffs or defendants, is ground for the dismissal of the case."

¶2 The appeal is dismissed.

¶3 All the Justices concur.