
    Miller against Sneads.
    
      June, 1821.
    Declaration ns'. one of several makers of promissory note, toeing no notice of tile others, good.
    BY the endorsement on the writ, the Note appeared to have been made by Miller and other payers. The writ was against Miller alone, the declaration described the note as made by Miller only, taking no notice of the others. Plea withdrawn and judgment by nil dicit.
    The above-mentioned matter in the declaration was assigned as Error.
   By the Court.

By our Statute the Note is joint and several. Under such a declaration a several Note of two or more may be given in evidence. (1 Stra. 76. 2 Stra. 819. Cowp. 832.) Even if the note could be viewed as. joint, and not joint and several, this matter could be taken advantage of only by plea in abatement.

Judgment affirmed.  