12 Tenn. 21
Decided February 15, 1833
Tennessee Supreme Court · decided 1833-02-15
This was an appeal in the nature of a writ of error from the circuit court of Weakley county. The record shows that the plaintiff below, Israel Harmon, had a warrant issued returnable before a justice of the peace, against John H. Moon and L. G. Cassleman; that the warrant was executed on Moon alone, and returned before the justice, when a judgment was rendered against Moon, without any other steps being taken against Cassleman.
Decided 1833-02-15
¶1The warrant was issued against two, and served on one only; the other was dropped, and judgment rendered against the one notified. A nolle prosequi may be entered against one, and the other be proceeded against in courts of record, after sufficient steps to bring him in have failed. And in cases originating before justices of the peace, regularity is not required. The judgment is regular and must be affirmed.
¶2Judgment affirmed.