Lowe v. Rommell

By the Court.*—Robinson, J.

The defendants John and Jacob Rommell were sued in a District Court, with another defendant, Brown, in an action on an alleged contract, and the three defendants united in a defense, 1st. Of a general denial; and 2d. “That Brown acted as agent only.” This latter defense was established, and' the justice, instead of striking out his name as a party defendant, gave judgment of dismissal, as against him, and rendered judgment for the debt against these defendants. The only error insisted upon on this appeal is, that there being a misjoinder of parties defendant, the com*18…