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Reeder v. Kennard

REEDER Et Al. v. KENNARD Et Al.

Reeder v. Kennard, 1918 OK 477, 175 P. 829
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
August 13, 1918
Docket
No. 9959
Judges
PER CURIAM.
Citations
175 P. 8291918 OK 47771 Okla. 1561918 Okla. LEXIS 896
Disposition
Dismissed.
Syllabus
('Syllabus.) Appeal and Error — Joint Judgment — Parties on Appeal — Dismissal. All parties against whom a joint judgment has been rendered, and whose interests will be affected by a reversal or modification of the judgment appealed from, must be made parties to tibe appeal; where such is not done, the appeal will be dismissed.
Summary
Error from District Court, .Tulsa County. Action on notes and to foreclose a mortgage by Samuel 31. Kcnnard a"nd others, trustees- of Barn'es Hospital, against! Charles F. Reeder and Jessica Reeder, in which parties claiming an interest in mortgaged property were made defendants. Joint judgment for 'plaintiffs, and the named defendants bring’ error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

PER CURIAM.

This action was brought by defendants in error on certain promissory notes and foreclosure of a mortgage to secure the payment of same. Various persons claiming an interest in the property covered by the mortgage were joined as defendants. A joint judgment was rendered in favor of plaintiffs below, from which plaintiffs in error, 'Charles F. Reeder and Jessica Reeder, appealed.

Motion to dismiss the appeal has been filed upon, the ground that one of 'the defendants below whose interests will he affected hjr a reversal or modification of the judgment was not made party to this appeal, and no case-made was served upon him or his attorney. Under the settled rule in *157 this jurisdiction' all parties to a joint judgment whose interests will be affected by reversal or modification of the judgment ap' l>ealed from must be made parties to the appeal. Where such has not been done, the appeal will be dismissed.

Motion to dismiss will be sustained and ilie appeal dismissed.

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