Decatur Fruit Growers Ass'n v. Kansas City Southern Railway Co.

“At common law, if several defendants were joined in an action ex contractu, and all were brought before the court by service or appearance, it was absolutely essential to the plaintiff’s recovery that he should establish a joint liability;' in other words, he must recover against all or none; it was not competent to enter a judgment in favor of one defendant and against another.” 1 Black on Judgments, sec. 206. This rule has been declared and followed in a very large number of cases in this State. See cases cited in Cooper v. McNeil & Higgins, 43 Ill. App. 350, and 11 Encyc. of Pl. & Prac.,…