QUILLIAN, Judge.
1. The bill of exceptions contains an assignment of error that the court erroneously ruled that Miller, a codefendant with Gurley and the Power Company and who did not move for a new trial or appeal to this court, was by operation of law, granted a new trial when his codefendants' motion, to which he was not a party, was granted. Miller was not a joint defendant with Gurley and the Power Company in the sense that the action against the three was joint...
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