Swift, Hurlburt & Co. v. Stark
Oregon Supreme Court
Appeal from Multnomah County. Respondents declared in the court below, m form, against appellants, upon a judgment rendered in favor of respondents and against Benjamin Stark, appellant, and E. S. Sherman and J. S. Sherman, in the Supreme Court of the State of New York, for the city and county of New York, in January, 1863. Stark only appeared in the comt below. The Shermans did not appear, being non-residents, and not having been served with process.
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Appeal from Multnomah County. Respondents declared in the court below, m form, against appellants, upon a judgment rendered in favor of respondents and against Benjamin Stark, appellant, and E. S. Sherman and J. S. Sherman, in the Supreme Court of the State of New York, for the city and county of New York, in January, 1863. Stark only appeared in the comt below. The Shermans did not appear, being non-residents, and not having been served with process. Stark filed bis separate answer, npon wbicb tbe case was tried and verdict found in favor of plaintiffs below, against Stark, for tbe sum of…
1Opinion of the CourtPrim, C. J.
There are numerous assignments of error, but the main question presented by this record is what force and effect a judgment, rendered in form in New York on a joint liability under their joint debtor act, is to have on a party in this State, who was served with process and appeared by attorney in the action. The statute of New York referred to is: “ If the action be against defendants jointly indebted upon contract the plaintiffs may proceed against the defendants served, unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly…
2Cases cited5 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
- Taylor & Twiss v. PettiboneNew York Supreme Court · 1819
- President of the Bank of Columbia v. NewcombNew York Supreme Court · 1810
3Cited by2 opinions
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Hoffman v. NewellThe Superior Court of the City of New York and Buffalo · 1892