President of the Bank of Columbia v. Newcomb
New York Supreme Court
THIS was an action of debt, on a judgment of the supretiie court of February term, 1807. Newcomb was taken on the capias adresp. and Stitts, the other defendant was returned not found.
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THIS was an action of debt, on a judgment of the supretiie court of February term, 1807. Newcomb was taken on the capias adresp. and Stitts, the other defendant was returned not found. The defendant pleaded, 1. Nul tiel record; 2. That 1 on the 17th May, 1806, the plaintiffs issued a writ against the defendants, on which Stitts was taken, and Newcomb (the present defendant) was returned not found; and the plaintiffs, without the arrest, or appearance of Newcomb, 11 proceeded, and recovered judgment against both defendants; and this he is ready to verify, &c. 3. That he, Newcomb, was not taken…
1Per curiam
The pleas are clearly bad. The judgment upon which the suit is brought, was entered pursuant to the directions of the statute, * (Laws, vol. 1. 353.) 4 which declares that “ in case any of such joint debtors be taken and brought into court, he or they so taken and brought into court, shall answer to the plaintiff, and in case judgment shall pass for the plaintiff, he shall have his judgment and execution against such of them as were brought into court, and against the other joint debtors named in the process, in the same manner as if they had all been taken and brought into court, by virtue…
2Cited by6 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Armstrong v. DeshlerOhio Supreme Court · 1843
- Oakley v. AspinwallNew York Court of Appeals · 1851
- Lane v. SalterThe Superior Court of New York City · 1866
- Swift, Hurlburt & Co. v. StarkOregon Supreme Court · 1864
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