Advance Publishing Company's Trustee in Bankruptcy v. Billups

Opinion of the- Court by

Drury, Commissioner

Reversing.

By the judgment of the trial court, the appellant, Howard Van Antwerp, trustee, etc., was required to elect against which one of several defendants joined in one action he would proceed, and upon his election to proceed against Harry T. Kerns, his petition was dismissed without prejudice as to the appellees Billups et al., and he has appealed. It is alleged in the petition that the appellees Billups et al., signed a certain paper of which it is alleged that this is a copy:

“We, the undersigned hereby severally subscribe for the number of…