
    Francis S. Wiggins and Thomas S. Wiggins vs. Peter Klienhans.
    In an action against two defendants, one of them cannot, in the absence of the other, confess judgment against both; and a judgment rendered against both upon the confession of one only, without evidence, will be set aside.
    This was a certiorari brought to reverse a judgment entered by a justice of the peace, against Francis Wiggins and Thomas Wiggins, by confession of one of them in the absence of the other, upon a promissory note alleged to have been drawn by both.
    
      Armstrong, for the plaintiffs in error,
    assigned as a reason for the reversal of the judgment, that the justice rendered judgment against both of the defendants below, upon the confession of one, and in the absence of the other. This fact appearing by the transcript of the justice’s docket
   Ewing, C. J.,

said, This judgment is rendered against two persons, without any evidence as to one of them. It is irregular. One man cannot thus make a confession which will authorize the entry of judgment against another.

Let the judgment be reversed.  