Faver v. Briggs

Briggs brought his suit against Faver & Mount, as late partners, on a promissory note. The writ was returned executed on Faver, but not found as to Mount. The plaintiff declared against both and look judgment accordingly, by default. Mount neither appeared nor had notice of the suit, and the taking ®f judgment against him is now assigned as error. In Smith & Howell v. Winthrop, Minor’s Rep. 425, the writ was against two defendants, but it was executed only on one. No discontinuance against the other was entered, but a judgment by default was entered against both. The judgment was reversed and…