Link v. Allen

48 Tenn. 318

Opinion

Nicholson, C. J.,

delivered the opinion of the Court.

The 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.

The Court below held that he could not; this was error. Code, §§ 2787, 2790; 4 Hum., 188.

The judgment is reversed, and the cause remanded for trial.