First National Bank of El Paso v. Miller

This was an action in assumpsit on a promissory note for $1000 and interest, brought by appellant, as assignee before maturity, against M. L. Miller as maker and H. B. McGregor as endorser, jointly, under the Negotiable Instrument act', (Hurd’s Stat. 1905, p. 1407,) which authorizes all or any number of parties to be sued in one action on a promissory note, either as makers or endorsers. Paragraph yb of that act provides for entering judgment by default against certain defendants and the severing and proceeding to'trial against the others. In this case a default appears to have been taken,…