Dean v. Eldridge
New York Supreme Court
An action was heretofore brought against the defendants as joint makers of a promissory note, and process served on Wm. F. Eldridge only, and judgment taken therein to be collected of the joint property of the defendants, or of the separate property of Wm. F. Eldridge only. The present action is brought against both defendants—the complaint alleging the recovery of the former judgment, and that no process was served in this action on said defendant Wm.
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An action was heretofore brought against the defendants as joint makers of a promissory note, and process served on Wm. F. Eldridge only, and judgment taken therein to be collected of the joint property of the defendants, or of the separate property of Wm. F. Eldridge only. The present action is brought against both defendants—the complaint alleging the recovery of the former judgment, and that no process was served in this action on said defendant Wm. F. Eldridge, but on Samuel Eldridge only, and demanding judgment of the said defendants for $213.19, to be collected of the joint property of…
1Opinion of the Court
By the court, Parker, J.
I do not think this is an action 'upon a judgment within the meaning of section 71 of the Code, which prohibits the bringing of actions upon judg*221ments. That prohibition .was designed to prevent the reduplication of costs, and the vexation of defendants by suits upon judgments, which resulted in nothing but these increased costs, without increasing the remedies or altering the position of the plaintiff in the original judgment {Wheeler agt. Dalcin, 12 How. 541). But this action, or some equivalent proceeding, is necessary to perfect the judgment and render it operative…
2Cited by2 opinions
- Lane v. . SalterNew York Court of Appeals · 1872
- Hofferberth v. NashAppellate Division of the Supreme Court of the State of New York · 1907