Anonymous
New York Supreme Court
The plaintiff had taken judgment for the same debt, on the same bond, against the executors in one action and the , . n i . . . . , heirs ot the testator in another action, ana
1Opinion of the Court
The Court
were clear, without hearing Silliman, who was to have argued on the other side, that the statute did not apply to this case. They said, it is confined to actions where the defendants may all be sued jointly, as in case of a joint and several bond—not where they must be sued severally, as here.
Motion denied with costs.
2Cited by1 opinion
- Dennison v. PageSupreme Court of Pennsylvania · 1857