Ticknor v. Kennedy
New York Court of Common Pleas
Appeal from an order. The plaintiffs, Howard M. Ticknor and others, recovered judgment in the Hew York marine court, against Francis J. Kennedy and others, for more than $25, exclusive of costs.
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Appeal from an order. The plaintiffs, Howard M. Ticknor and others, recovered judgment in the Hew York marine court, against Francis J. Kennedy and others, for more than $25, exclusive of costs. After filing a transcript of it in the county clerk’s office, the plaintiffs’ attorney proceeded to summon one. of the defendants who had not been served, to show cause why he should not be bound by it, under section 375 of the Code of Procedure. * A motion to set aside the summons was denied at special term (reported 3 Abb. Pr. N. S., 387), and the defendant appealed to the court at general term.
1Opinion of the Court
Daly, F. J.
Section 375 applies only to judgments recovered against one or more persons jointly indebted, by proceeding as provided in section 136. This judgment was not recovered ‘ ‘ by proceeding as provided for in section 136, but was recovered under a provision of the Revised Laws of 1813, which authorized j udgments in this form against joint debtors, in justices’ courts (2 Pev. Laws of 1813, 378). Section 375, therefore, is not applicable to it. -It is, by the filing of the transcript, to be enforced in the same manner as, and to be deemed a judgment of, this court; but that does not…
2Cases cited5 opinions
- People v. . ArnoldNew York Court of Appeals · 1851
- Foster v. WoodNew York Court of Common Pleas · 1866
- Martin v. Mayor of New YorkNew York Court of Common Pleas · 1860
- Johnson v. SmithNew York Court of Common Pleas · 1862
- Martin v. Mayor of New YorkNew York Court of Common Pleas · 1861