65 Ala. 401 | Ala. | 1880
— The decree rendered on the original bill did not change the relation of the parties to the suit. An appeal prosecuted by the complainant, from the decree, must be prosecuted against all the defendants to the bill — they are
The appeal by the complainant must be amended, to conform to this view ; and he may, within thirty days, execute a new appeal bond, with the penalty fixed as above indicated, and the proper condition, if he desires a suspension of further proceedings under the decree, or a suretyship for costs, if that is not desired. The bond may be here executed, or it may be taken and approved by the register of the Chancery Court, and certified to this court.
The appeal taken by Thoinas W. Coleman, as administrator ad litem of Samuel A. Wilson, must be amended, making all the defendants, parties appellant, and the complainant sole appellee; and any one of them may execute a new securityship for' costs. There must be notice to, or an appearance for such of the defendants, as do not join in taking the appeal,