Bowers v. Tallmadge
New York Supreme Court
This action was brought by the plaintiff against the defendants for the purpose of having-a certain judgment declared void as against the plaintiff.
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This action was brought by the plaintiff against the defendants for the purpose of having-a certain judgment declared void as against the plaintiff. The plaintiff demanded judgment as follows: “The plaintiff demands judgment in this action, that the judgment entered in the aforesaid action in which Henry B. Hewett was plaintiff, and John J. Tallmadge, Henry C. Bowers and Ralph L. Howell, were defendants, on or about the 27th day of October, 1856, for the sum of $493.38, shall be ordered by a judgment of this court to be satisfied or vacated of record, and that the same be adjudged irregular,…
1Opinion of the Court
Ingraham, .Justice.
The objection that there is a defect of parties is, I think, well taken. There were three defendants in the former suit, and judgment recovered against them. One of these defendants brings this action to stay proceedings on that judgment. The other defendants in the original suit are not made parties here, either plaintiffs or defendants. They are necessarily interested in the matter. If they are unwilling to join as plaintiffs, they should be made defendants. (Code, §§ 118,119 and 122.)
I think also, that an action of this kind should not be sustained. The plaintiff can…
2Cases cited2 opinions
- Dederick v. HoysradtNew York Supreme Court · 1849
- Hunt v. Farmers' Loan & Trust Co.New York Supreme Court · 1850
3Cited by2 opinions
- Baer v. HigsonUtah Supreme Court · 1903
- Carpenter v. KeatingNew York Court of Common Pleas · 1870