New York Supreme Court November 15, 1878 (Maples v. Mackey)

Learned, P. J.:

This is a proceeding, under section 375 of the Code, to enforce . against the defendant Mackey-a judgment recovered by the plain- • tiff in form against both defendants, Mackey and Angelí, upon a joint liability. Mackey was not served with process in the original action. Mackey set up several defenses to this proceeding, and thé cause was tried before the court without a jury.