Mansour v. Massey

Ness, Chief Justice:

Respondent Mansour brought suit against four defendants to recover a debt for liquor sold. Three of the defendants were never served. The trial judge granted an involuntary nonsuit without prejudice as to the three defendants not served, and entered judgment against appellant Leake. We reverse.

The complaint seeks recovery against four defendants, purportedly on the basis of a joint and several debt. Man-sour’s testimony was ambiguous as to whether he sought recovery against the defendants individually or on the basis of partnership liability. Leake asserted the debt was a…