State Treasurer v. Friott

24 Vt. 134

Opinion

By the Court.

This is a scire facias against one of two joint recognizors, and the administrators of the other. ■

This is clearly a misjoinder and may be taken advantage of on demurrer, when it appears upon the face of the declaration. The plaintiff can have but one judgment, and that judgment must be against both defendants, and no judgment of that land could properly be rendered against both these defendants, as one of them is not personally liable. Judgment affirmed.