Benton v. Barnet

Smith, J.

Tbe suit last brought should be consolidated with ¡the first suit, costs being regulated at tbe trial term. Benton need not wait until- Noyes has established his right to recover. Tbe holders of tbe notes may have separate judgments, and at tbe same or different terms. If Noyes recovers a separate judgment, tbe rights of tbe parties can be as well adjusted as if there were but ■one judgment for Benton and Noyes.

Exceptions overruled.

Stanley, J., did not sit: tbe others concurred.