case DARWENT versus walton February where one partner be out of the kingdom  the partner before the court shall pay the whole of a joint demand the  question be if a bill be bring against one partner for a joint demand and the  other be not amenable to the court be out of the kingdom whether the partner  before the court shall pay the whole or one moiety of the debt Lord chancellor  upon consider this case I be of opinion that the partner before the court  ought to pay the whole this be analogous to the proceed in court of law and  likewise in this court for where a defendant be out of the reach of the court  and can be make to appear it amount to the same thing as if the plaintiff have  take out process for want of a appearance and carry it through the whole line  of process to a sequestration in this case it be in vain to take out process  because the joint debtor be out of the kingdom a exception for want of party  here be in the same nature with a plea in abatement at law but if you go upon  the merit there you can never take it up again now in equity you may take  exception at the hear of the cause or you may demurrer for want of party in  the first place what be the method of proceed at law in case of a joint demand  if one of the creditor will not join in the action he be summon and sever if  he will not proceed joint after summons and severance then the other creditor  have judgement quod to follow solum atkins on the other hand if there be two  joint debtor the creditor must bring his action against both but if one only  appear and the creditor carry it on through the whole line of process to a  outlawry against the person not appear then he may proceed sole against the  other and shall have judgement for his whole debt against the person appear  and judgement only by default against the person who do not appear which be  all that he can do with regard to the latter for as to his good they be  forfeit to the crown upon the outlawry the proceed upon the act for make  process in court of equity effectual against person who refuse to appear g c S  be as follow upon the defendant not appear the court may order the bill to be  take pro acknowledged admitted fact and make such decree as shall be think  just and may thereupon issue process to compel the performance by a immediate  sequestration or by cause the possession of the estate or effect demand by the  bill to be deliver to the plaintiff or otherwise as the nature of the case  shall require before the act you may carry it on through the whole line of  process against a defendant who do not appear to the sequestration and no  further but you may notwithstanding set down the cause against the other  defendant and have a decree for the whole if you can do this before the act of  parliament where a person be in the kingdom but obstinate refuse to appear  much more ought the court to make a decree against atkins er p one partner  where the other be out of the kingdom that a account shall be take and that  the whole which appear to be due to the plaintiff shall be pay by the  defendant the partner who be bring to a hear and his lordship order it accord