Park v. Edge
This text of 42 Ala. 631 (Park v. Edge) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A. J. WALKER, C. J.
In an action on a contract against several defendants, where the pleas are joint by all, and no defense personal to any one, the recovery must be against all or none. A judgment can not be had against a part of the defendants. It follows, that upon a verdict in favor of one of three defendants in this case and against the other two, no judgment could be rendered against the defendants. — 1 Chitty on Pleading, 44 and 45; Palmer v. Severance, 10 Ala. 347 ; Bussey v. Branch Bank of Montgomery, 15 Ala. 216; Keebles v. Ford and Vining, 5 Ala. 183; Turner v. Lazarus, 6 ib. 875; Gray v. White, 5 Ala. 490; Ivy v. Gamble, 7 Porter, 545; Tindall v. Collins, 2 Porter, 17; Sadler v. Houston, 5 St. & P. 205; Adkins v. Allen, 1 St. 130 ; Morrow v. People, 25 Ill. 330.
Reversed and remanded.
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