Miller v. Blake

The suit below was upon a joint and several bond.

The surviving obligor and. the administratrix of the deceased joint obligor, the plaintiffs in error herein, were *119made the defendants. After verdict for the plaintiff below, the defendants moved in arrest of judgment on the ground of misjoinder of parties defendant, and thereupon the plaintiff moved to dismiss the action as to the surviving obligor. This latter motion was allowed by the court, the motion in arrest of judgment was overruled, and judgment rendered against the administratrix as such, the judgment to be paid out of the estate of…