#### Northwestern Railways Advertising Company, Plaintiff in Error, v. Evers & Williams Shoe Company, Defendants in Error.

Gen. No. 18,668.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Ho sea W. Wells, Judge, presiding.

Heard in this court at the October term, 1912.

Affirmed.

Opinion filed March 9, 1914.

Statement of the Case.

Action by Northwestern Railways Advertising Company, a corporation, against Evers & Williams Shoe Company, a corporation, John J. Evers and Charles *312Williams, individually and as copartners under the name and style of Evers & Williams, in the Municipal Court to recover damages for a breach of a contract. To reverse a judgment of nil capiat and for costs against plaintiff and in favor of the defendants, the plaintiff prosecutes a writ of error.

Abstract of the Decision.

Judgment, § 192 * —when judgment must he against all joint defendants or none. In assumpsit against three defendants jointly where one of the defendants was defaulted for want of appearance and neither of the other two defendants were defaulted nor the suit dismissed as to either, although one appeared and filed an affidavit of defense, held that the plaintiff was not entitled to a recovery against the defendant appearing where the evidence did not establish that all the defendants were liable.

Davis & Rankin, for plaintiff in error; Arthur. M. Kracke, of counsel.

Frank L. Childs, for defendants in error.

*

Seo Illinois Notes Digrest, Vols. XI to XV, same topic and section number.

Mr. Justice Brown

delivered the opinion of the court.