Dunlap v. Horton

— The suit was commenced by the appellant against the appellee and George H. Horton, by attachment, in December, 1867. The complaint contained only common counts. At the Spring Term, 1869, a motion was made to require the plaintiff to give security for costs in sixty days, and the bankruptcy of G. H. Horton was suggested. At the same term the following entries were made, perhaps on the judge’s docket: “ Jury and verdict for defendant.” “ Defendant moves to dismiss, on ground that it is joint account, and jury and verdict for one is also for the other. Motion overruled. Defendant excepts.” “…