Gibson v. Van Derzee

Van Brunt,

J.—This proceeding is instituted under section 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 rum against the original cause of action, and to this answer.-the-plaintiff demurs.

Section 379 of the Code says that, i( upon such summons, any party summoned may answer within the time specified therein, denying the judgment or setting up any defense thereto which may home a/risen subsequently to said judgment. It…