
    PARKER vs. PARKER.
    [AcTxo~ ON PP~OMJSSONY NOTN, F~ PAYNE AGAINST MATER.]
    1. Judgment by ãefauzt, withoat serv ice of proccss.-In an action against two defendants, one of whom is not served with process, it is erroneous to render judgment by default against both.
    APPEAL from the Oircuit Oourt of Perry.
    The record does not show the name of the presiding judge.
    Tms action was brought by King Parker, against E. B. Parker and John H. McCall. Judgment by default was rendered against both of the defendants, though E. R. Parker only was served with process. The appeal is sued out by both of the defendauts, and errors are assigned by them jointly.
    JNo. F. VARY, for appellants.
   A. ~F. WALKER, 0. ~L-

This is a suit against two defendants. The su~mmons anct complaint were served on one, and returned not found as to the other. There was no discontinuance as to the party not served. Judgment by defai± was rendered against both. In rendering the judgment by default against the two defendants, upon one whom there was no service, the court erred.-Smith & Howell v. Winthrop, Minor, 425; Driver & Shelley v. Spence, 3 Ala. 98; Norwood & Chambers v. Riddle, 9 Porter, 425; Faver & Mount v. Briggs, 18 Ala. 478.

Reversed and remanded.  