Poole v. Southern Railway Co.

1. Where, in a suit against two defendants alleged to be joint tort-feasors, a special demurrer of one of them, upon the grounds of misjoinder of parties and of causes of action, is sustained “with leave to plaintiff to proceed against either defendant,” and the plaintiff thereafter elects to proceed against the other defendant alone, and, after he has so elected, the ease proceeds to trial and results in a nonsuit, he will, by so electing and proceeding to trial, be held to have abandoned the suit as against the first named defendant. An as-* signment of error, in the bill of exceptions by…