Britton v. Wheeler

Assumpsit against the maker and indorser of a promissory note negotiable and payable at a chartered bank in this state, and founded on the 157th sect, of chapt. 40 of the R. S. of 1843. Process was served on both defendants, but on Pierce, one of them, the service was not ten days prior to the first day of the term of the Court to which the writ was returnable. The defendants not appearing, the plaintiff entered a nolle prosequi as to Pierce, and took judgment by default against Britton, the other defendant.

The judgment must be reversed. By proceeding under the statute above referred to, the…