Louisville, New Albany & Chicago R. W. Co. v. Treadway

On Petition poe Reheaeing.

Monks; J.

An earnest and able petition for rehearing has been filed by the “Monon” company.

It is claimed “that this court erred in reversing the judgment as to the ‘Clover Leaf’ company and affirming it as to the ‘ Monon’ company because a judgment *702at law cannot be reversed as to one joint defendant and affirmed as to the other. ”

The authorities cited by appellant in support of the rule asserted can have no force in this State, for the reason that the question is regulated by our code of civil - procedure. Section 570, R. S. 1881; section 579, R. S. 1894, provides:…