Supreme Court of the United States April 22, 1872 (O'DOwD v. Russell)

The CHIEF JUSTICE

delivered the opinion of the court.

Several grounds are assigned for dismissing this writ, It will be necessary to notice but. three of them.

The first of these is, that the writ of error is prosecuted by O’Dowd without summons and severance of his co-defendants. Formerly this was held to be necessary when one of several’defendants desired to prosecute his writ of error alone.