Gibbons v. Surber

This was an action of debt by the assignee of a joint and several bond for the payment of á sum of money, in which he declared jointly against all the obligors j Smith and Gibbons. The record contains- no notice of Smith whatever, after the filing of the declaration. Gibbons appeared and put in a special plea in bar', upon which issue was joined; which being found for the plaintiff below, a separate judgment was rendered against Gibbons for the debt demanded and damages.

The error assigned is the rendition of this judgment against one obligor, without any disposition of the suit having been…