Elliott v. McCraney

SAMFORD, Judge. This action was brought against J. J. Elliott, J. R. Oden, individually, and Vida Lumber Company, a corporation, claiming from them jointly $750 as set out in the several counts of the complaint. On the trial as finally had, judgment was rendered in favor of plaintiff and against all three defendants. After judgment and on March 17, 1933, the judgment as to J. R. Oden was ordered set aside. Subsequently, and within the time allowed by law, Elliott, Oden, and the Vida Lumber Company perfected an. appeal to this court and jointly assigned errors. There being no judgment in the circuit court against J. R. Oden, no assignment of error as to him can be sustained in this court. The assignment of errors, being joint, must be sustained as to all, and, not being sustained as to all, are bad as to all. In Lillich et al. v. Moore, 112 Ala. 532, 20 So. 452, in a case similar to the one at bar, it was said by McClellan, J., speaking for the court: “We know of no exception to the rule that, when errors injurious to some of the appellants only are assigned by them all jointly, they are not available to work a reversal, and will not be considered by the court.” Kimbrell v. Rogers, 90 Ala. 339, 7 So. 241; Rudulph v. Brewer, 96 Ala. 189, 11 So. 314; Beachman v. A. S. P. Mfg. Co., 110 Ala. 555, 18 So. 314; Sloss-Sheffield Steel & Iron Co. v. Taylor, 16 Ala. App. 241, 77 So. 79; Alabama and Southern Digest, Appeal and Error, @=>721(1). There being no' separate assignments of error, the judgment must be affirmed. Affirmed.