51 Vroom
1 opinion
<p>1. In an action brought against four defendants jointly, the plaintiff cannot split up his cause of action by entering judgment final against two of the defendants by default, and subsequently entering judgment final after verdict against the other defendants. The proper course is to enter interlocutory judgment against those who default, and the venire is then special as well as to try the issue as to inquire of the damages.</p> <p>2. Where a judgment final is entered, the original cause of action is merged in the judgment, and, in the case of a joint debt, whatever merges the cause of action as to one merges it as to all.</p> <p>3. The plaintiff contracted with the manager of a hotel for the laundry work, and was informed that he was managing for two individual defendants; subsequently the plaintiff sued not only the two individual defendants'but two corporations as well, joining all in the same suit, and entered judgment final by default against the two corporations. EeU, that she thereby evinced an election to hold the corporations, and could not thereafter hold the individual defendants.</p>
