King, J.
The plaintiff has moved to dismiss this appeal, on the ground, among others, that the appellant has failed to bring before this court all the par-lies interested in the judgment of the court of the first instance. The motion must prevail.
The plaintiff caused an execution to issue on a judgment obtained by him against the defendant, and, while the writ was in the hands of the sheriff, made Trotter a garnishee, under the provisions of the act of 1839. A judgment was rendered against Trotter, fro'm which the defendant Snow has appealed. The garnishee has neither appeared nor been made a party to the appeal. He is interested inthejudgmentofthe inferior court, which this court can neither affirm nor reverse, without giving him an opportunity of being heard. 5 Rob. 324. 12 Rob. 180, 203. Appeal dismissed.