Davis v. Graniss

Assumpsit by C. B. Graniss and others against Davis and one Allison on a promissory note. Davis appeared and pleaded to the action. Allison, on whom process had been' duly served, entered no appearance. An issue was made on the plea filed by Davis. Verdict and judgment against Davis alone.

This judgment must be reversed. The error consists in taking judgment against one of the defendants only. The principles which govern suits against joint contractors are, we presume, familiar to all. A judgment by default should have been taken against Allison, and the jury that tried the issue made on the…