2 Johns. 88
Decided November 15, 1806
New York Supreme Court · decided 1806-11-15
This was an action of debt, on a judgment rendered in the mayor’s court of the city of Ntw-York for $515- and 16 cts. in a suit on a bail bond. Judgment by default was entered againt Tremper, one of the defendants.— Doll, the other defendant, pleaded nul tiel record. In the original suit in the mayor’s court Doll alone was the defendant, and Tremper his bail. A writ was after-wards issued on the bail bond, agaiust Doll and Tremper jointly.
Decided 1806-11-15
¶1The judgment is clearly regular and in form against both defendants. There is no plea or suggestion of any defence by Doll, who has merely pleaded mil tiel record. On this judgment and this plea we have no alternative; but must say that the plaintiff is entitled to judgment. We give no opinion what it would be proper to decide, on any other plea, or statement of Acts submitted to the court.
¶2Judgment for the plaintiff.