Wight v. Hoffman

Citations

• 5 Scam. 361

Syllabus

<p>Error to Jo Daviess.</p> <p>1. PrACTIve — -flea pending, no default. Where an action is instituted against two or more defendants on a promissory note made by them, and they are all served wi'h process, it is error to take judgment against one of them by default while a plea interposed by the other remains undisposed of.</p> <p>2, Same —joint undertaking, default of one. Where an action ex contractu is commenced against two defendants, and one pleads to the action while the other makes default, the court should suspend all pioceedings as to the defendant who does not plead, after entering his default, until the trial of the issue tendered by his co-defendant. On the trial of that issue the court may direct the jury to assess the plaintiff’s damages as to both of the defendants and render a joint judgment on the assessment. In such a case the plaintiff must recover against all of the defendants or none; the judgment must be joint and not several, (a) </p>