
    Allen against White and Norris.
    December, 1824.
    Action by two as partners, one disclaims allinterest, the other may proceed in the name of both.
    2, In assumpsit, for unliquidated demand, judgment may be entered for the amount confessed by defendant^ without assessment by ajJury.
    IN Dallas Circuit Court, David While and John. B. Norris, as surviving partners of the late firm of Lane and White, ■declared in assumpsit against William B. Allen for goods sold and delivered, &c. On filing the declaration at September term, 1823, Norris came in proper person and disclaimed any interest in the event of the suit. At April term, 1824, Allen came in proper person, and said, “ he cannot gainsay “ the plaintiff’s action, but that he owes the sum of three 41 hundred and thirty-five dollars damages.” Judgment was thereupon entered against Allen for three hundred and thirty-five dollars and costs; and he here assigns as Error,
    1, The judgment is entered for both the plaintiffs when one of them had disclaimed all interest in the suit.
    2, The judgment should have been interlocutory and not final, and the damages should have been enquired óf by a Jury.
    
      Thoringlon for plaintiff;
    
      H. G. Perry for defendants in Error.
   Judge Crenshaw.

If the contract was made with the firm, though Norris at the time of commencing the action may have had no interest in it, White had a right to use his name. All the copartners must join in an action for a debt due to the firm, whether they have an interest in the event •of the suit or not.

The judgment was by confession for a sum certain.

It is the unanimous opinion of- the Court that the judgment be affirmed.  