Bruen v. Bokee
New York Supreme Court
Debt on a judgment in this court recovered by the testator in his lifetime, against the defendant and William Lockwood, since deceased, and whom the defendant has survived, for $571,75. The judgment was recovered in February term, 1827, in an action upon promises. The defendant pleaded several pleas.
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Debt on a judgment in this court recovered by the testator in his lifetime, against the defendant and William Lockwood, since deceased, and whom the defendant has survived, for $571,75. The judgment was recovered in February term, 1827, in an action upon promises. The defendant pleaded several pleas. The fourth plea alleged that the original action was commenced by capias ad respondendum which was served upon Lockwood alone, the defendant being returned by the sheriff not found; that the defendant was not served with process, and did not appear in that action; and that the causes of action…
1Opinion of the Court
By the Court, Bronson, C. J.
This case presents a question of some difficulty. It arises under the former joint debtor act. (1 R. L. 521, § 13.) I have before had occasion to say, that when the plaintiff proceeds to judgment under that act, against a defendant who is not brought into court, there is no principle upon which the judgment can be allowed to have any other effect, as against such defendant, than that which has been given to it by the statute; to wit, a means of reaching the joint property of all the defendants. (Mervin v. Kumbel, 23 Wend. 295, 6.) But it was admitted then, as it…
2Cases cited3 opinions
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by11 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Holmes v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
- Denny v. . SmithNew York Court of Appeals · 1859
- Bonesteel v. ToddMichigan Supreme Court · 1861
- Oakley v. AspinwallNew York Court of Appeals · 1851
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