Bowler v. McIntyre

*307Opinion op the Court, by

Frear, J.

Error to the Circuit Court of the First Circuit.

John S. Walker, now deceased, recovered judgment against the plaintiff in error and eight others, in assumpsit upon a note. The words of the note are, “We jointly promise,” etc. The judgment is “that the plaintiff do recover against the defendants,” etc. It is assigned as error, “that said judgment was erroneously made and entered as a joint and several judgment [against] the defendants and not as a joint judgment only.” The defendant in error pleaded in mdlo est erratum.

Counsel for defendant in error contends…