New York Court of Appeals March 31, 1908 (Hofferberth v. . Nash)

Willard Bartlett, J.

.This is an action under section 1937 of the Code of Civil Procedure to charge the property of the defendant with the sum remaining unpaid upon a judgment rendered against him and his joint debtor in a suit in which only the other joint debtor was served with the summons, no service having been made upon this defendant.