Hall

The complaint in this action sets forth certain promissory notes, purporting to have been made to the plaintiff by “ H. G. Hall & Sons,” and the plaintiff brought the action against three defendants, who are alleged by it to have constituted a partnership by that name, and to have executed the notes to it. Two of the defendants, the appellants herein, suffered default, and the other defendant answered the complaint, denying that he was a member of the firm at the time the notes were executed. The cause was tried by the court *492 without a jury, and a judgment rendered in favor of the plaintiff, and against the appellants, and in favor of the defendant who had answered the complaint. The defendants against whom judgment was rendered have appealed upon the ground that, as the action was brought upon a partnership obligation against three defendants, the court was not authorized to enter a judgment by default against two only. The record is presented here upon the judgment-roll alone.

Section 578 of the Code of Civil Procedure provides: “ Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants.” In Lewis v.…