Walter v. Dillner

<p>Abstract of the Decision.</p> <p>1. Judgment, § 192*—when dismissal as to one defendant does not bar judgment against other defendants. Where a special, count in a declaration counted on a general partnership obligation against three defendants and common counts therein counted against “said defendants,” and after verdict the action was dismissed as to one of the defendants, held that the refusal of the trial court to grant a motion in arrest of judgment was not error, as the common counts after the amendment declared only against the remaining defendants.</p> <p>2. Judgment, § 218*—when motion in arrest of judgment will not he granted. Where a judgment may he sustained on one count of a declaration, the fact that it cannot be sustained on another count will not justify the granting of a motion in arrest of judgment.</p> <p>3. Appeal and error, § 1303*—when presumed that evidence sufficient to support judgment. Where no bill of exceptions is filed, it must be conclusively presumed that the evidence is sufficient to support the judgment.</p>