Scarborough & Co. v. Yarborough

Russell, O. J.

1. The suit was upon a promissory note, of which the defendants were joint makers. At the appearance term one of the defendants filed a plea and the other suffered judgment against himself by default. The defendant who filed the plea was present at the rendition of the judgment against his joint obligor, but no further proceeding was had at that term of the court. At the succeeding term he orally moved to dismiss the petition as to himself, and this motion was granted. The court .did not err in sustaining the motion. The subject of the suit was a joint contract, and the…