48 Tenn. 318
Decided September 15, 1870
Tennessee Supreme Court · decided 1870-09-15
EROM GREENE. In the Circuit Court, R. R. Butler, J., presiding. Assumpsit against two partners, one of whom was served with process, the other not. The suit was dismissed as to the defendant, who could not be found, and the declaration filed against the other. The defendant pleaded, the non-joinder, in abatement to-which was a demurrer, which was overruled, and judgment for defendant, from which plaintiff appealed.
Decided 1870-09-15
¶1delivered the opinion of the Court.
¶2The 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.
¶3The Court below held that he could not; this was error. Code, §§ 2787, 2790; 4 Hum., 188.
¶4The judgment is reversed, and the cause remanded for trial.