Supreme Court of Alabama June 15, 1846 (Palmer v. Severance)

GOLDTHWAITE, J.

The construction hitherto given to the statute, which makes joint obligations, &c., joint and several, [Digest, 323, § 61,] has been, that it does not warrant the discontinuance of the suit, when commenced against several, except as to those who are not served with process; [Keebles v. Ford, 5 Ala. Rep. 183; Saddler v. Houston, 5 S. & P. 20§; Adkins v.