H. F. Hinricks & Son v. Lewis

BRUNOT, Justice. On the Motion to Dismiss the Appeal. This case is on appeal, by the plaintiff, from a judgment in its favor for $2,719, with legal interest thereon from judicial demand, and for the costs of court. It. may be noted here that the sum of the judgment, together with all accrued interest thereon to the date of the payment, and all court costs, were promptly paid by the defendant. The defendant has moved to dismiss the appeal upon two grounds, viz.: Appellant’s lack of interest in the judgment appealed from, and appellant’s failure to have the American Surety Company of New York, an alleged necessary party to the appeal-, cited herein. It is true that appellant has no interest in the sum of the judgment appealed from, 'because it first assigned the judgment to one of its creditors to secure the payment of a debt of $1,200, and later it assigned the judgment, subject to the previous assignment thereof, to the American Surety Company of New York. Neither of these assignees are necessary parties to this appeal. The judgment in which they had an interest, by assignment thereof, was fully satisfied, and appellant is now exercising the right of appeal in an effort to recover the sum claimed in its petition, in excess of the sum awarded in the judgment appealed from. Appellant, therefore, has a vital interest in prosecuting the appeal, and, in our opinion, the American Surety Company of New York is not a necessary party thereto. The motion to dismiss the appeal is therefore overruled.