Shipman v. Allee

Citations

• 29 Tex. 17

Syllabus

<p>Where the suit was on a joint note against two makers and indorser, and one of the makers, without being served with process, plead in abatement that she was a married woman, whereupon the plaintiff discontinued as to such defendant: Held, that such discontinuance was not error. (Paschal’s Dig., Arts. 1426, 1449, Notes 535, 554.) '</p> <p>If the indorser objected to the discontinuance as to the defendant who plead in abatement, he should have done so in the court below; and he cannot be heard to urge the objection for the first time in this court.</p> <p>A discontinuance may be entered against one of several defendants, as well after as before service; certainly this may be done if such defendant he an unnecessary or improper party. (Paschal’s Dig., Art. 1449, Note 554.)</p>