Yeah that's a good point. What's the effect of him leaving, though? Wouldn't that mean now the Smiths was only Morrissey? This kind of thing has resulted in lengthy trials with other bands.He did have legal grounds because 'The Smiths' was Morrissey and him, they co-signed the contracts. In October 1987, Johnny dissolved Morrissey & Marr Songs Ltd (their publishing company) and changed his publishing to Marr Songs Ltd which it still is.
And that judge later on considered The Smiths was all four of them.