Van Schoonhoven v. Comstock

Here is a joint judgment against two defendants, recovered pursuant to the statutes authorizing joint suits upon the several liabilities of different parties to commercial paper. (Laws 1832, p. 489 ; Laws 1835, p. 248; 2 R. S. 352.) But the judgment being joint and entire, if erroneous as to one is so in respect to both defendants. (Bac. Abr. Error, M. 1; Aleyn’s Rep. 74; 1 Ld Raym. 600; 14 John. 417—425.) (a) Both of the defendants should therefore min in the writ. In other respects the same order is made which was granted in Higbie and others v. Comstock.

Motion granted.