NEW SERIES-VOL. 3-NO. 46

GOLDTHWAITE. J.
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Where two makers of a promissory note are sued jointly, and the evidence warrants verdict against one only, il is error 10 in> struct the jury, that the verdict should be for the defendants generally. The proper course IS to allow verdict according 10 the facts, and leave t to the parties to move to enter judgment, or arrest it, as they may be ad- yised.

 Reversed and remanded.