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Barnes v. Smith

24 N.Y. Super. Ct. 699 1 Rob. 699 Court N.Y. Super. Ct. Decision date 1863-11-14 English

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Majority

p. 699
L. F. Barnes, plaintiff and appellant, vs. Thomas B. Smith, defendant and respondent.

Headnote

It was decided in this case that causes of action on several judgments can not be united in one action, unless all the debtors in the judgments are the same, and are made defendants.
Before Moncriee, Robertson and Monell, JJ.
Heard October 7, 1863 ;
decided November 14, 1863.

See the points decided, in the index'to this volume, under' the title Practice—Judgment, Joinder of Actions.

See the appeal from an order sustaining a demurrer to the complaint, with the opinion of the court at general term by Moncriee, J. reported in 16 Abbott’s Pr. 420.