Carman v. Townsend
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The plaintiffs in the court below, I. & J. Townsend, declared against P. Carman and E. I. Ring, stating Carman to have been arrested on a capias ad respondendum, and Ring to have been returned not found, on a judgment in assumpsit obtained by the plaintiffs against the defendants in the supreme court, for the sum of $330,32. To this declaration Carman, who alone appeared, pleaded that the plaintiffs issued a capias ad respondendum, returnable in…
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Error from the supreme court. The plaintiffs in the court below, I. & J. Townsend, declared against P. Carman and E. I. Ring, stating Carman to have been arrested on a capias ad respondendum, and Ring to have been returned not found, on a judgment in assumpsit obtained by the plaintiffs against the defendants in the supreme court, for the sum of $330,32. To this declaration Carman, who alone appeared, pleaded that the plaintiffs issued a capias ad respondendum, returnable in May term, 1823, against him and Ring, on which Ring was taken, and he, Carman, was returned .not found that the…
1Opinion of the Court
The following opinions were delivered ;
By the Chancellor.
The plaintiff in error is unquestionably right in his first point, in supposing that the first judgment was an extinguishment or merger of the original indebtedness, so that no action could be sustained against *210either of the defendants on the original promises. If any action could be sustained against the defendant not arrested in the original suit, it must be, in form, an action of debt founded on the judgment. But it is insisted on the part of the plaintiff in error that by the entry of judgment under the statute he was wholly…
2Cited by17 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Denny v. . SmithNew York Court of Appeals · 1859
- Bruen v. BokeeNew York Supreme Court · 1847
- Oakley v. AspinwallNew York Court of Appeals · 1851
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