Mervin & Goldsmith v. Kumbel
New York Supreme Court
Error from the New-York common pleas. Kumbel sued Mervin & Goldsmith, and declared in the usual form in debt, on judgment, for $686,T8, recovered by him against the defendants in the New-York com- [ *294 ] mon pleas in December, *1830, in an action of assumpsit.
Read the full summary
Error from the New-York common pleas. Kumbel sued Mervin & Goldsmith, and declared in the usual form in debt, on judgment, for $686,T8, recovered by him against the defendants in the New-York com- [ *294 ] mon pleas in December, *1830, in an action of assumpsit. The defendant Mervin pleaded : 1. Nul tiel record ; and 2. That at the time of the commencement of the suit in which the judgment was recovered, and that at the time the judgment was rendered, and during all the intermediate time, he was not a citizen, or inhabitant, or resident, of the state of New-York, nor amenable to its laws, nor…
1Opinion of the Court
After advisement, the following opinions were delivered :
By Bronson, J.
Under the old statute in relation to proceedings against joint debtors, it was held that the judgment was prima facie evidence of a debt against the defendant not brought into court in the first suit — that an action of debt could be maintained against him on the judgment, but that he was at liberty to enter again into the merits, and show that he ought not to have been charged. Dando v. Tremper, 2 Johns. R. 87. Bank of Columbia v. Newcomb, 6 id. 98. Taylor & Twiss v. Pettibone, 16 id. 66. But in none of these cases did…
2Cases cited6 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wood v. WatkinsonSupreme Court of Connecticut · 1846
- Denny v. . SmithNew York Court of Appeals · 1859
- Bonesteel v. ToddMichigan Supreme Court · 1861
- Tay, Brooks & Backus v. HawleyCalifornia Supreme Court · 1870
- Bruen v. BokeeNew York Supreme Court · 1847
20 more not listed; retrieve them via the Exa API.