Booher v. Worrill
Supreme Court of Georgia
Parties. Pleading. Before Judge Johnson. Muscogee Superior Court. November Term, 1870. Worrell sued D. L. Booher and Milo Booher, of said county, upon a promissory note for rent, whereby they jointly promised to pay a sum of money to one Cheney’s order. Worrell indorsed upon his petition, “Let the sheriff return as to Milo Booher not to be found, etc., E. H. Worrell.”
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Parties. Pleading. Before Judge Johnson. Muscogee Superior Court. November Term, 1870. Worrell sued D. L. Booher and Milo Booher, of said county, upon a promissory note for rent, whereby they jointly promised to pay a sum of money to one Cheney’s order. Worrell indorsed upon his petition, “Let the sheriff return as to Milo Booher not to be found, etc., E. H. Worrell.” The sheriff served D. L. Booher, and as to Milo returned only as follows: “ Wo copy furnished me to serve upon the other defendant, Milo Booher.” When the cause was called for trial, D. L. Booher’s counsel objected to trying it…
1Opinion of the Court
Lochrane, Chief Justice.
The legal question presented by the record is whether a joint promissor, living within the jurisdiction of the Court when the suit is filed, must be sued with the other joint maker.
Suit was brought against both, but' one only was served, by direction of the plaintiff. Upon the trial the defendant objected, and the plaintiff discontinued the suit as to the party not served, and then defendant pleaded the facts in abatement. Plaintiff filed a demurrer to the plea, which the Court sustained, and the plaintiff took judgment.
In our opinion it was error in the Court to have…
2Cited by7 opinions
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- King v. TimmonsSupreme Court of Oklahoma · 1909
- Graham v. Marks & Co.Supreme Court of Georgia · 1894
- Fourth National Bank v. MayerSupreme Court of Georgia · 1896
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