Ross v. Allen

Citations

• 67 Ill. 317

Syllabus

<p>1. Parties—non joinder of parties defendant, how advantage taken of —abatement. The failure to join as defendant in an action ex contractu one who is claimed to be jointly liable with the defendant sued, can be taken advantage of only by plea in abatement. The question can not be presented on error.</p> <p>2. Sams—plaintiff—when plaintiff may join. Where two or more co-sureties pay the debt of their principal out of a joint fund, their right of action against the principal is joint. And the same rule applies where they pay the debt by giving their joint note. If, however, the debt is paid, each surety using his individual funds, it seems that they must sue the principal separately.</p> <p>3. Attachment—effect of quashal by agreement. Where suit was brought by attachment, and the writ • was quashed by agreement that the cause should be tided upon its merits, and the same is so tried, there will be no error in not dismissing the suit.</p>