Tay, Brooks & Backus v. Hawley

Citations

• 39 Cal. 93

Syllabus

<p>Party to an Action on a Judgment against One of Two Joint Debtors.—The party not served with process, in an action against defendants jointly indebted (under the 32d Section of the Practice Act), is not a proper party defendant in an action upon the judgment against the party on whom service of process was made.</p> <p>Constitutional Law.—Section 32, Practice Act.—The validity of the 32d Section of the Practice Act, so far as it authorizes a judgment on an execution against any of the property of the party not served, commented on, and questioned.</p>