O'Donnell v. Turnes

This writ of error brings up for review a judgment rendered in favor of defendants in error (plaintiffs below), against W. J. Turnes, one of the plaintiffs in error (defendants below), in a fourth-class contract action.

It is urged that the judgment is erroneous in that the action was brought against three defendants jointly, while the judgment is. against defendant Turnes alone. In examining the record, we find that a summons issued only against defendant Turnes. Section 14 of our Practice Act, Rev. St. ch. 110 (J. & A. ¶ 8551), provides as follows:

“If a summons or capias is served on one or…