3 N.J.L. 952
Decided May 15, 1812
Supreme Court of New Jersey · decided 1812-05-15
ON CERTIORARI. One of the items in the state of demand, and on which a recovery was had, was as follows, viz:— To [*] half an execution obtained against me and said defendant, to the amount of $35 his share. The insufficiency of the state of demand was alleged as a ground of reversal.
Decided 1812-05-15
¶1Merely that an execution of judgment was obtained against the plaintiff and defendant jointly, furnishes’ no ground of action. If the plaintiff had been compelled to pay the whole, or had done it at the request of the defendant, no doubt but he would maintain an action for one half; but as this case is stated,-it lays no ground of action.
¶2Judgment reversed.