Ark.]: /OF THE -STATE OF .ARKANSAS. 551 TERM, 1872.] Parke v. Meyer. PARKE v. MEYER-JUDGMENTS-7 7kgn Mal/ be several.—Under the Code of Practice, a several judgment may- be entered whenever a several suit m 0 ight have been brought. APPEAL FROM SEBASTIAN CIRCUIT COURT—MOTION TO DISMISS
APPEAL:, ;HON. E. D. HAx, Circuit Judge.• Walker & ogers, for Appellant. U. M. Rose and Clark & Williams, for Appellee. BENNETT, J.-1116yer sued Parke and Tibbetts, on an accepted draft, in the Circuit Court a—Sebastian county. Service was had on Parke ; none on Tibbetts. When ,the cause was called, Park defaulted; and a final judgment was rendered against him, and an alias- writ .issued against Tibbetts, and the dause continued. - Parke appealed. Appellee, Meyer, now files his' motion io dismiss the appeal, alleging that there is no final judgment from which an appeal will lie. The motiOn to dismiss, no doubt, is based upon the proVis-i3On Of sec. , 80, chap. 133, Gould's Digest, Which' says : "When there are several defendanth in a suit, and some of Ahem appear and . plead„ and others make default, ,an interlocutory judgment, 153r defaUlt,- may be entered against such as' make default, and the cause may procee& against the others; but only one final judgment shall be given in the action." The practice, however, under the Code, - has been changed, or•may :be. Secs. 400 and 401 say : "Judgments . may be given for or against one or more of several plaintiffs, and for or against one Or ni6re- of 'seVe'ral defendants." , "In an- action against seVeral deTendants, the cOurt may, in its dekretion, render judgMent • against one Or more of them,- ving the action to proceed against the - others, *hOnever se'veral judgment is proper." ThuS, it is to' be 'Seen, the Code: alloyvs a several itidgment,
552 CASES IN THE SUPREME COURT [27 Ark. • [DECEMBEIC tc) be entered, whenever a several suit might have been brought. The plaintiff might have brought a several suit against Parke, on the accepted draft, and, by proving that the name of the firm had been used by him without authority from Tibbetts, have recovered a several judgment. Inasmuch as we are only , required to pass upon the question as to whether this judgment was a final one, from which an appeal would lie, we will leave the merits of the case to be hereafter considered: Motion to dismiss overruled.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.