Fox v. West

Buck, J.,

delivered tbe opinion;

Moegan, C. J., and Peickett, J., concurring.

This action is brought on a joint and several promissory note given to plaintiff, as payee, by defendants, and one B. W. Tliompkins. Only West and Luney were made parties defendant, tbe joint maker, Tbompkins, having died prior to tbe commencement of tbe action. Defendant West made default, and Luney filed bis separate answer, alleging among other things full payment of tbe note. Tbe cause was tried with a jury on tbe issues joined, and a verdict was rendered in favor of tbe plaintiff, against both defendants, as…