New York Court of Appeals June 5, 1883 (Morey v. . Tracey)

Andrews, J.

The judgment against G-eorge W. Tiift and Francis W. Tracy, rendered upon their joint undertaking as sureties upon the successive appeals in the suit of

Davis

v.

Bead et al.,

was in form against both defendants, upon service of process upon Tiift alone. The defendant Tracy was not served with the summons, nor did he appear in the action.