Prince v. Cujas

Robertson, Ch. J.

This is an action against joint contractors, judgment having been recovered in a prior action .in the Marine Court of this city against both, upon a service of summons upon one only. The causes of demurrer, assigned, are a want of jurisdiction, another action pending, an insufficiency of facts to constitute a *77cause of action. It does not appear there is any other action pending; the former one being ended by judgment. The 375th section of the Code, applies only to courts of record, (14 Abb. Pr. 421;) and even if the Marine Court came within its purview, it does not supersede…