¶1This was an action on a promissory note in which the maker, Ward, of Marion county, and one West, of Hancock county, who had transferred the same to the plaintiff without indorsement in writing, were both made defendants.
¶2The only question in the case is, whether the Hancock Circuit Court had jurisdiction of the person of Ward.
¶3The statute (2 R. S. p. 28, § 6) imperatively requires the assignor, under such circumstances, to be made a defendant; and, therefore, under § 33, 2 R. S. p. 34, the action could be brought in the county where either of the defendants resided.
¶4The judgment is affirmed, with 5 per cent, damages and costs.