TOWNSEND, Presiding Judge.
1. While it is true (a) that only one who was a party to the cause in the trial court has a right to sue out a bill of exceptions in which he names himself as sole plaintiff in error, and (b) that one vouched in by the defendant in the trial court is not properly a party defendant to the law action and cannot be made such party defendant to the record over the objection of the plaintiff (Masters v. Pardue,)
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