Smith v. Winthrop
1 Minor 425
Opinion
delivered the opinion of the Court.
In this case the writ issued against both, defendants* and was executed on but one. No discontinuance as to“the other Was entered in any part of the Record, but a judgment by default was taken against both. The judgment and pro-eeedings must be reversed back to the writ, and the cause be remanded.
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Smith v. Winthrop, 1 Minor 425 (Ala. 1826).
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