
    Moon vs. Harmon.
    When a warrant issues returnable before a justice of the peace against tiuo, and is served on one only, a judgment against the one served may be taken without any further notice being taken of the ono not served.
    This was an appeal in the nature of a writ of error from the circuit court of Weakley county. The record shows that the plaintiff below, Israel Harmon, had a warrant issued returnable before a justice of the peace, against John H. Moon and L. G. Cassleman; that the warrant was executed on Moon alone, and returned before the justice, when a judgment was rendered against Moon, without any other steps being taken against Cassleman. Moon appealed to the circuit court, and upon the trial of the cause before a jury, a verdict was rendered in favor of Harmon for $63 55 against Moon, and judgment given accordingly. Before the trial of the cause before the jury, Moon moved the court to quash the proceedings and strike the cause from the docket; which being argued after the finding of the jury, the court overruled; to which opinion of the court overruling said motion and refusing to quash the proceedings, the defendant excepted, and filed his bill of exceptions, in which the above facts ap- and appealed to this court.
    
      G. Garrett, for plaintiff in error-
    
      •íí- Bondurant, for defendant in error.
   Per Curiam.

The warrant was issued against two, and served on one only; the other was dropped, and judgment rendered against the one notified. A nolle prosequi may be entered against one, and the other be proceeded against in courts of record, after sufficient steps to bring him in have failed. And in cases originating before justices of the peace, regularity is not required. The judgment is regular and must be affirmed.

Judgment affirmed.  