Bowen v. Emmerson

JUDGE PETERS

delivered the opinion of the court:

This is an action in equity by appellees against True and appellant Bowen, as stated in the caption of the petition. In the subsequent parts thereof he is more than twice called a defendant; process was sued out against him, and actually served upon him, showing that it is emphatically a suit against him; and he is called on to answer and say in what amount he is indebted to his co-defendant, True, and although served with the summons, he fails to answer, and judgment was, upon the petition being taken for confessed, rendered against him *346for the…