Legal Opinion

Sterne v. Bentley

New York Supreme Court

Decided October 13, 1848PublishedCited by 5 opinions

Before Paige, Justice.—Motion by Defendant, Bentley, to set aside the judgment and execution in this cause as against him. The Plaintiff, Sterne, on the 8th day of Sept. 1848, caused a summons and complaint to be served on the Defendant, McLaughlin.

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Before Paige, Justice.—Motion by Defendant, Bentley, to set aside the judgment and execution in this cause as against him. The Plaintiff, Sterne, on the 8th day of Sept. 1848, caused a summons and complaint to be served on the Defendant, McLaughlin. On the same day J. Yan Santvoord, as attorney for both defendants, served an offer signed by him as such attorney, upon the Plaintiff’s attorney, to allow judgment to be" taken immediately for $489.17, and the Plaintiff’s attorney on that day gave Yan Santvoord notice that the Plaintiff accepted the offer; and judgment was thereupon entered…

1Opinion of the Court

Paige, Justice.

It is objected by the counsel of Bentley, that the' statute in relation to proceedings against joint debtors, (2 R. S., 377,) where the process or declaration is served upon one of the Defendants only, is superseded by the code; and that no judgment under the code can be entered against any person, unless upon a personal service of the summons, or by publication, as prescribed in sections 113 and 114 of the code. This objection, I think, is not well founded. Section 115-of the code provides, where the action is against several defendants jointly indebted, and any one of them is…

2Cases cited3 opinions

  1. Denton v. NoyesNew York Supreme Court · 1810
  2. Grazebrook v. M'CreedieNew York Supreme Court · 1832
  3. Meacham v. DudleyNew York Supreme Court · 1831

3Cited by5 opinions

  1. Tay, Brooks & Backus v. HawleyCalifornia Supreme Court · 1870
  2. Johnson v. LoughSupreme Court of Minnesota · 1875
  3. Bean v. MatherNew York Court of Common Pleas · 1865
  4. Dowd v. SmithNew York Supreme Court · 1894
  5. Kleinschmidt v. Freeman & BarkleyMontana Supreme Court · 1882

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