Anonymous
Superior Court of North Carolina
A writ issued against two upon their joint and several bond,and was returned,executed upon both. One pleaded in abatement, that the process was not served upon him in due time, and the writ was abated as to him ; and then SpiLler moved to have judgment against, the other.
1Opinion of the Court
Haywood, Justice.—
Phis action as you have brought it, is a joint one, and an abatement as to one, is therefore an abatement of the whole writ; for ollierwi.se your judgment will not be as broad as the writ. — that demands a di hr against two, the judgment will be agamsi one only; the other by his contract, is to be contributory to the debt, *562a)1(j ^|ie COIUq will not discharge him because of an irre-guiar service of process, and lay the burden of the whole upon the oilier. — that does not go to the merits, nor does it prove him not to be contributory, as you have declared he is. '
StoNE,…
2Cases cited1 opinion
- Warberton v. WoodsSupreme Court of Missouri · 1839