George v. Thompson

This ease was tried twice before a jury, and was a suit on a vendor’s lien note in the sum of $150. Prior to submitting the issues to the first jury, the trial court, at the request of the plaintiff in error, ruled that Benson and wife, the makers of the note, must be made parties in order that the judgment may be lodged against them as defendants. This was done over the protest of plaintiff, Thompson, and at the request of plaintiff in error. Thereupon Thompson amended, and served Benson and wife by publication, their residence being unknown. Upon a second trial of the case there was but one…