Mason v. . StephensMason v. . Stephens
This is аn action against tbe defendаnt Stephens for wrongfully cutting timber on рlaintiff’s land, and against tbe Blades Lumbеr Company for wrongfully receiving рart of tbe same and not pаying therefor. Judgment by default and inquiry as to Stephens was taken at February Term, 1913, and at May Term, 1913, a nonsuit was taken as to tbe lumber company.
At tbe trial term tbe judge directed а nonsuit as to Stephens on tbe grоund that tbe nonsuit as to tbe lumber company bad been entered in сonsequence of a cоmpromise and payment of tbе amount due by said lumber company. This was error. It appeared that tbe recovery was sought of tbe lumber company only for that part of tbe lumber which it bad wrongfully received, and a release of that demand was not a relеase of Stephens except pro
tanto.
Besides, if it bad been for tbe entire amount, an agreement for a valuable considеration not to sue one joint tоrt feasor, or a dismissal of tbe action as to him, does not relеase tbe other, but only to tbe extent of tbe payment made.
Chicago v. Babcock,
It was also error to direct a nonsuit as to tbe defendant Stephens, against whоm there was a judgment by default and inquiry, taken at a previous term, and which inquiry was then being duly made.
Jordan v. Pool,
There was also error in excluding certain testimony offered, which it is not now necessary to discuss.
Tbe judgment of nonsuit is
Reversed.