Supreme Court of Alabama December 15, 1888 (Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.)
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United States · · · 15-12-1888
SOMERVILLE, J.
The rule of the common law was, that in actions ex contractu a discontinuance as to one or more of several defendants, without sufficient legal excuse therefor, operated to discontinue the whole action. — Reynolds v. Simpkins, 67 Ala. 378; Mock v. Walker, 42 Ala. 668.
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