116 So. 91 | Miss. | 1928
The Walter Fisher Company brought the case to this court. I. Lowenberg Co. have filed a cross-assignment *763 of error. Several of the other complainants in the court below have filed a motion for leave to file cross-assignments of error, which cross-assignments of error they later filed without waiting for their request so to do to be granted, addressed to the refusal of the court below to award each of these complainants a judgment against the Walter Fisher Company. No appeal bond has been given by any of these cross-appellants.
The Walter Fisher Company objects to the filing of cross-assignments of error by the complainants in the court below, other than I. Lowenberg Co.
An appellee may file a cross-assignment of error without the execution of an appeal bond when all of the record in the cause necessary for the consideration of the cross-assignment of error has been transferred to this court by the direct appeal, provided the party filing the cross-assignment of error is, or under section 43, Code 1906 (Hemingway's 1927 Code, section 18), can be made, a party to the direct appeal. Crawley v. Ivy (Miss.),
The motion for leave to file cross-assignments of error will be overruled, and the cross-assignments of error other than the cross-assignment of error filed by I. Lowenberg Co. will be stricken from the record.
Motion overruled. *764