Turner, Wilson & Co. v. McMain

On Rehearing.

The opinion of the court was delivered by

Manning, C. J.

The note in suit is a solidary obligation. Shortly after its maturity suit was instituted against all parties, but citation was served only upon MeMain, and W. J. Frierson, the husband of one of the obligors. Mrs. Frierson was cited December 1,1873, and pleads prescription. This last service was nearly nineteen years after the maturity of the note.

The citation of one of the solidary debtors in 1855 interrupted prescription as to all the others. The liability of Mrs. Frierson will depend upon the question whether that…