Burgoyne v. Ohio Life Insurance & Trust Co.

The action in the court below, was brought upon a joint and several promissory note signed by Ludlow, Miller, and Dudley; the last of whom was not served with process. The demurrer filed by Ludlow’s administrator, was overruled, and a several judgment, in due form, entered against him to be levied of the goods, etc., of the intestate, and also a judgment against Miller on default. It is now insisted that these several parties could not be joined in the same action; that the obligation must have been treated by the creditor as either joint or several; in the *587one ease warranting only a single…