Bonesteel v. Todd
Michigan Supreme Court
Error to Washtenaw Circuit Court. Bonesteel brought an action of covenant against Albert Todd and John S. Jacox, to recover the rent reserved by a lease bearing date May 1, 1852. Todd alone was served with process.
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Error to Washtenaw Circuit Court. Bonesteel brought an action of covenant against Albert Todd and John S. Jacox, to recover the rent reserved by a lease bearing date May 1, 1852. Todd alone was served with process. He pleaded the general issue, and gave notice, among- other things, of a former suit in bar, upon the same lease, in the Supreme Court of New York, in which judgment was rendered in form against Todd and Jacox jointly, on May 25, 1855, after personal service upon Jacox alone. On the trial before the court without a jury, the plaintiff having established. an affirmative case, and…
1Opinion of the Court
Campbell J.:
Plaintiff sued defendants upon a joint indebtedness— Todd only being served with process. He set up in bar *375that plaintiff had recovered a judgment in New York upon the same claim. The judgment relied on was rendered in that State in form against both defendants, but upon personal service against Jacox alone.
The questions which are presented relate first, to the effect of such a judgment upon the original demand when set up in this State; and second, to the sufficiency of the evidence to establish such a judgment.
It is claimed on behalf of the defendants, that the New York judgment…
2Cases cited9 opinions
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