Rouse v. Howard

JUDGE BULLITT

delivered the opinion op the court:

Howard sued Rouse and Hughey upon the joint and several note of Rouse, Hughey, and Corlis. A judgment by-default was rendered against Rouse after Hughey had filed an *32answer, pleading payment of the note by Corlis, and without disposing of that issue; to reverse which judgment Rouse appeals.

The action against two of the payors was authorized by section 39 of the Code of Practice. But whether or not the Code authorizes a judgment by default against one defendant when another has pleaded payment, without disposing of the issue, is a question of…