Mr. Justice NELSON
delivered the opinion of the court.
It appears, from an inspection of the record, that the writ of error is defective in respect to the parties. It is therein recited that the proceedings are between Pitzer Miller and Larkin McKenzie, and others. This defect has been held so many -times in this court as fatal to its jurisdiction that it need be but mentioned to require a dismissal of the case.
Motion granted.