
    Adams v. The Bank of Stewart County.
    1. In a joint action against the maker and the indorsers of a promissory note, the verdict being for the plaintiff as against the indorsers but for the other défendant, the maker, and the plaintiff having moved for a new trial, it was no cause to dismiss the motion, at the instance of the maker, that service of the motion was not made upon the indorsers. As the contract of the maker and that of the indorsers were separate and distinct contracts, a new trial could be granted as to the maker without setting aside the verdict as to the indorsers.
    2. The general rule as to the first grant of a new trial applies.
    April 9, 1894.
    Argued at the last term.
    Complaint on note. Before Judge Butt. Talbot superior court. March, term, 1893.
    Peabody, Brannon Hatcher & Martin, for plaintiff in error.
    Watts & Hickey and Thornton & McMichael, contra.
    
   Judgment affirmed.  