Loustalot

This appeal is prosecuted from the judgment without a bill of exceptions. The action is brought upon a negotiable promissory note against A. C. Calkins, J. B. Liben, and J. W. Calkins, and a joint and several judgment was rendered against them. They now appeal and rely upon two grounds for a reversal of the judgment: 1. The demurrer of J. W. Calkins to the complaint should have been sustained; 2. The findings of the court are not sufficient to support the judgment.

The demurrer of J. W. Calkins declares there is a "misjoinder of parties defendant in that J. W. Calkins, an alleged and supposed guarantor, is joined with the principal promisors.” The complaint alleges that the defendants A. C. Calkins and J. B. Libeu made their certain promissory note in words and figures following: It is further alleged that defendant J. W. Calkins then and there indorsed said note in the following words, to wit: "Waiving notice and protest. J. W. Calkins,” "and that after the signing and indorsing of said note as aforesaid the said defendants did then and there deliver said promissory note to the plaintiff.” Section 3117 of the Civil Code provides: "One who indorses a negotiable instrument before…