Boardman v. Acer
Michigan Supreme Court
Error to Kent Circuit. The action was debt, upon a judgment rendered in, the State of New York. The defendant, (plaintiff in error,) under a special notice attached to his plea, offered to show that the trespass, for which said judgment was rendered, was committed by him jointly with Josiah Snell and Elijah A. Hawkins, and that the plaintiff, (defendant in error,) in a° separate suit against said Snell and Hawkins, for said trespass, also obtained judgment, in the State of…
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Error to Kent Circuit. The action was debt, upon a judgment rendered in, the State of New York. The defendant, (plaintiff in error,) under a special notice attached to his plea, offered to show that the trespass, for which said judgment was rendered, was committed by him jointly with Josiah Snell and Elijah A. Hawkins, and that the plaintiff, (defendant in error,) in a° separate suit against said Snell and Hawkins, for said trespass, also obtained judgment, in the State of New York, against them; and that two executions had been sued out upon said judgment, against Snell and Hawkins — one…
1Opinion of the Court
Christiancy J.:
Can a plaintiff, who has sued several joint trespassers in separate actions, recovered separate judgments, and taken out execution upon one of them, but failed to obtain satisfaction, sustain an action upon any of the other judgments ?
This is the only question in the case. There is some conflict in the cases upon this point; but, after a careful examination of the authorities, we are satisfied that the great preponderance of authority is against the right to maintain the action in such a case. When separate actions are brought against several joint trespassers, there is nothing…
2Cited by4 opinions
- Verhoeks v. GillivanMichigan Supreme Court · 1928
- Kenyon v. WoodruffMichigan Supreme Court · 1876
- John A. Tolman Co. v. WaiteMichigan Supreme Court · 1899
- Grimes v. Williams' EstateMichigan Supreme Court · 1897