Ellison v. Cain

THIS was an action of assumpsit brought by Cain against Thomas and William Ellison. The declaration, which contains two counts, was filed in April, 1848. The first count is on a promissory note, and the second is for money had and received. At the April term, 1848, the defendants appeared and pleaded non-assumpsit. At the September term following, the plaintiff suggested the sheriff’s return to the writ of “ not found,” as to William *237Ellison, one of the defendants. The defendants’ attorney then withdrew his appearance; and a default was against Thomas Ellison. There was afterwards an…