Johnson v. Lough
Supreme Court of Minnesota
Plaintiff having recovered a joint judgment by default, in the district court for Scott county, against the defendants, Lougli and Pitman, in this action, on their joint promissory note, the defendant, Lough, moved in the adjoining county of Dakota, before Crosby, J., to vacate the judgment and all subsequent proceedings as to him on the ground that he had never been served with the summons in the action. The motion was granted, and plaintiff appealed
1Opinion of the CourtCornell, J.
In an action founded on a joint demand arising on contract the only judgment that can be rendered is a joint one, either in favor of or against all the defendants. The cause of action being joint, a several judgment cannot be rendered. Our statute (Gen. St. ch. 66, § 52) provides the mode of procedure when only a part of the joint obligors, and not all, are served with the summons. It provides that the judgment may be entered against all the defendants jointly indebted, and declares, as its effect, that it may be enforced against the joint property of all, and the separate property of the…
2Cases cited2 opinions
- Sterne v. BentleyNew York Supreme Court · 1848
- Hooper & Frazier v. J. L. Farwell & Co.Supreme Court of Minnesota · 1859
3Cited by7 opinions
- Sundberg v. GoarSupreme Court of Minnesota · 1904
- Davison v. HarmonSupreme Court of Minnesota · 1896
- Dillon v. PorterSupreme Court of Minnesota · 1887
- Pierce v. Grand Army of the RepublicSupreme Court of Minnesota · 1945
- Schmidt v. Agricultural Ins. Co.Supreme Court of Minnesota · 1934
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