Maples v. Mackey
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon the trial of this action by the court without a jury. This proceeding was instituted under section 375 of the old Code. The defendant Mackey was summoned on "April 11, 1876, to show cause why he should not be bound by a judgment, entered in Tioga county, August 31, 1858, against his co-defendant and joint debtor, Emory D. Angelí.
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Appeal from a judgment in favor of tbe plaintiff, entered upon the trial of this action by the court without a jury. This proceeding was instituted under section 375 of the old Code. The defendant Mackey was summoned on "April 11, 1876, to show cause why he should not be bound by a judgment, entered in Tioga county, August 31, 1858, against his co-defendant and joint debtor, Emory D. Angelí. Issue was joined by an answer thereto, interposed by the defendant Mackey, in which he set up, substantially, a general denial, and the statute of limitations — the ■six years’ statute. The cause now…
1Opinion of the Court
Learned, P. J.:
When this case was before this court the first time, we held that the judgment against Amgell was not void by reason of the irregularities in the admission of service. (22 N. Y. Sup’m. Ct., 537.) And it appears now affirmatively by the evidence on the trial, that. *230Angelí was, in fact, served with the summons at the time when he .gave the admission. Jurisdiction, therefore, was obtained.
' By the old Code (§ 99), an action is commenced as to each defendant, when the summons is served on him or on a co-defendant, who is a joint contractor, &c. (See, for analogy, 2 B. S., p. 299, §…
2Cases cited4 opinions
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Garland v. ChattleNew York Supreme Court · 1815
- Gibson v. Van DerzeeNew York Supreme Court · 1873
- White's Bank of Buffalo v. WardNew York Supreme Court · 1862