Gibson v. Van Derzee
New York Supreme Court
Demurrer to answer. Noah L. Wilson, David Gibson, and William F. Roelofson recovered judgment on February 13,1866, in this court, in an action brought by them against William A. Hilyer, and William L. Yan Derzee, as persons jointly indebted upon contract.
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Demurrer to answer. Noah L. Wilson, David Gibson, and William F. Roelofson recovered judgment on February 13,1866, in this court, in an action brought by them against William A. Hilyer, and William L. Yan Derzee, as persons jointly indebted upon contract. The' process was served upon Hilyer only, and judgment was entered against both, under the statute (Code of Pro., § 136, subd. 1). In April, 1873, the plaintiffs summoned Yan Derzee, to show cause why he should not be bound by the judgment, in the same manner as if he had been originally summoned in the action. Yan Derzee appeared,, and…
1Opinion of the CourtVan Brunt, J.
This proceeding is instituted under *114section 375 of the Code, the defendant being summoned to show cause why he should not be bound by a judgment entered February 13, 1866, against his joint debtor, one Hillyer. The defendant answers that the statute of limitations has run against the original cause of action, and to this answer the plaintiff demurs.
Section 279 of the Code says that “ upon such summons, any party summoned may answer within the time specified therein, denying the judgment or setting up any defense thereto, which may haw arisen subsequently to said judgment.” It will be seen…
2Cases cited1 opinion
- Berlin v. HallNew York Supreme Court · 1867