
    Ephraim Hopkins v. William S. Keith.
    JLn a suit upon a promissory note against the makers and an indorser, it is error to dismiss as to one of the makers and take judgment against the indorser ; except for causes allowed by the statute. (O. & W. Dig., art. 442.)
    Appeal from Hunt. Tried below before the Hon. William S. Todd.
    This was a suit brought by Keith, the appellee, against W. G. Brown and A. S. McCamant as the makers, and against the appellant, Hopkins, as the indorser of a note for $112.
    Service of process was acknowledged by Brown, and a return of “ not found,” made as to McCamant. The plaintiff dismissed as to McCamant, and took judgment by default against Brown and Hopkins, from which the latter appealed.
    
      L. H. Morgan, for the appellant.
   Wheeler, C. J.

The judgment was erroneously rendered against the indorser after dismissing against the principal for want of service. (Hart. Dig., art. 705).

Reversed and remanded.  