IN an action against three persons founded on contract, a judgment against two of them only is erroneous, unless there be a return of u not found ” as to the other, and a suggestion of the return entered of record. See Lowe et al. v. Blair et al., 6 Blackf. 282.—Depew v. Wheelan et al. Id. 485.—Bell v. The State, Ante, 33.