Clodfelter v. Hulett

Franklin., C.

This suit was commenced by appellee against appellants in 1877, upon a joint promissory note, and this is the second time that it has been before this court. Clodfelter v. Hulett, 72 Ind. 137. It was then reversed upon the ruling on a demurrer to a paragraph of the answer; also a •cross error was sustained upon the counter ruling on a demurrer to another paragraph of the answer, and the costs were equally divided between the parties, which had accrued subsequent to the committing of the first error.

At the original trial Noah Clodfelter had not been served with process; the…