¶1delivered the opinion of the court.
¶2The action in this ease being joint, and founded upon 3 joint undertaking, it'was dearly irregular, after the service of process upon Buford and Pawling, and without the cause having been disposed of as to Pawling, to take judgment 'against Buford only.
¶3The judgment must therefore be reversed with cost, the cause remanded for further proceedings not inconsistent with this opinion.