Nathan v. Zierler

The plaintiff brought this action against the defendants to recover for goods sold and delivered to them, alleging that defendants were copartners. The defendant Zierler made default in answering; defendant Eagle interposed an answer admitting the copartnership but denying on information and belief all other allegations of the complaint. Plaintiff entered judgment on default against Zierler and issued execution. The latter moved to set aside the judgment. The motion was denied and he has appealed.

The order must be reversed. If the obligation was several the action might have been severed and…