First National Bank v. Miller

The judgment appealed from is a judgment in favor of Miller against the appellant for costs. The appellant as assignee of a note brought the suit against the maker and indorser of a promissory note jointly under the negotiable instrument act as amended in 1895 (Hurd’s Stat., 1905, pages 1408-9) which authorizes all or any number of the parties liable on a promissory note either as makers or indorsers to be sued in one action. Section 76 of that act provides: “In any suit mentioned in the preceding section a separate judgment may be entered by default against any defendant or defendants…