Judges： Nicholson
Filed Date： 9/15/1870
Status： Precedential
Modified Date： 10/18/2024
delivered the opinion of the Court.
The only question raised by the pleadings, is, whether a plaintiff can dismiss as to one of two partners, jointly sued, and proceed to judgment against the other.
The Court below held that he could not; this was error. Code, §§ 2787, 2790; 4 Hum., 188.
The judgment is reversed, and the cause remanded for trial.