Frink v. Jones

Citations

• 5 Scam. 170

Syllabus

<p>Appeal from Peoria.</p> <p>I. Judgment — in action ex contractu form. In an action ex contractu against several, the judgment must be an unit, against all, or in favor of all, unless a defence personal to some of them is interposed. The proper practice is, where part only of the defendants have pleaded to the action, to enter the default of such defendants as have not pleaded, and when the issues made up in the cause by tlie others are submitted for trial, to direct the jury to assess the damages against those in default; but a failure to enter the default will not vitiate the judgment, (a) </p>