
    
      7 April, 1819.
    BUFORD vs. M'DANIEL.
    In a joint scüomigáínst t\vo on a joint undertaking, it is’ error to -enter judgment ag.úíít, one while the cause is un-disposed of against the ci-ther: Vide ante, page 59, Jouit vs. Simpsen.
   Judge Owsley

delivered the opinion of the court.

The action in this ease being joint, and founded upon 3 joint undertaking, it'was dearly irregular, after the service of process upon Buford and Pawling, and without the cause having been disposed of as to Pawling, to take judgment 'against Buford only.

The judgment must therefore be reversed with cost, the cause remanded for further proceedings not inconsistent with this opinion.  