Carter v. Jenkins

Smith, Judge.

Carter sued Jenkins and Stephens in the trial court as co-makers on a promissory note. Jenkins and Stephens counterclaimed alleging malicious use of process. The jury returned a verdict in favor of Carter for $875 "to be shared equally between Jenkins and Stephens.” Carter’s appeal, transferred here by the Supreme Court, enumerates as error the form of the verdict and the overruling of his motions for judgment notwithstanding the verdict and for new trial. We reverse and grant a new trial.

Jenkins and Stephens were co-makers on an unpaid note assigned to Carter, with the following…