Lahey v. Kingon

—Since the statute of 1833, in actions against joint-debtors, it was regular, where only one was served with process, to take judgment against both, and enforce such judgment against the joint property of both, and the individual property of the one served.

Section 136 of the Code continues that practice, and authorizes expressly that the judgment may, in such a case, be enforced against the joint property of both, and the separate property of the one served.

That this course was proper was also held by the Supreme Court, in Pardee a. Haynes (10 Wend., 630) ; and it was also decided in that…