Mullendore v. Silvers

This was an action by the appellees against the appellants, John H. and Abraham Mullendore, and one Samuel Mullendore, .upon a joint promissory note purporting‘.to.be executed by all three of .them. Service of process was had on Samuel, and .the other two -.defendants waived service.and appeared.to the action.

Samuel demurred to the complaint. Pending the demurrer, John H. and Abraham .were .-called -and .defaulted. The ..demurrer of Samuel-.was .then overruled. Without ruling *99him to answer over, or taking any further notice of him, the record proceeds as follows.: “And the court do now, upon…