Plummer v. Crain

Crain sued by petition and summons, claiming a debt of Reuben Plummer; the petition states he holds a note on Reuben Plummer, “and on John Plummer who is not sued;” the summons is against Reuben only, and was executed on him. The record states that John Plummer came into court and entered his appearance; at a subsequent term judgment by default was entered .against Reuben and John.

John was not sued; no process was prayed against him, none taken against him; his voluntary appearance in court did not make him a party; it did not alter the plaintiff's petition, and process, nor authorize a…