Johnson v. Jones-Journet

I respectfully dissent.

Appellant, Charles Bowers, Jr., through his own negligence, inattention and/or possible design, permitted a default judgment to be confirmed against him by failing to respond to a petition personally served on him. That pleading claimed appellant was solidarily liable for a $16,000 plus indebted*829ness, but the promissory note upon which the claim was based reflected Bowers was jointly liable only for his pro rata of one-sixth of the obligation. However, the original plaintiff, Johnson, obtained a judgment against appellant as a solidary obligor on May 18, 1972. Had Bowers…