Winslow v. Herrick

Campbell J.:

The suit below was brought on a replevin bond exe-cuted by Garret S. Swazie, as principal, and James R, Vleit, Jonathan H. Bescherer and Wilder Winslow, as, sureties. All of the sureties were served. The bond was joint and several.

Vliet appeared and pleaded, and a default was entered against the other defendants served. When the case came, on for trial, plaintiff discontinued as against Swazie and "Vleit, and took judgment against Bescherer and Winslow, This is assigned as error.

*381We think the objection well taken. A party can not, upon a joint and several demand, treat the demand…