Bank of Dalton v. Heartsill

Inasmuch, as Ileartsill filed no plea, the writer would hold, as an original proposition, that the verdict, “We, 'the jury, find in favor of the defendants,” under the pleadings and the issues submitted by the charge of the court, was a verdict in favor of the four defendants only who filed pleas, and should not be construed as a verdict for Ileartsill, who filed no plea, and that the plaintiff would be entitled on motion to have judgment entered nunc pro tunó in its favor against Ileartsill. But the plaintiff seems to be concluded on this question by the judgment of this court when this case…