52 Vroom
1 opinion
<p>1. The action of the court in striking out frivolous and sham pleas under section 111 of the Practice act (Pamph. L. 1903, p. 569), is not reviewablo on error.</p> <p>2. The “due process of law” clause of the fourteenth amendment of the federal constitution, as construed by the Supreme Court of the United States in Pennoyer v. Neff, 95 U. S. 714, 733, has the effect of nullifying so much of section 2 of our “Act concerning obligations” (Gen. Stat., p. 2336), as provides that a personal judgment may be taken against a joint debtor not served with the process of the court—at least in case such debtor be not a citizen or resident of this state.</p> <p>3. Section 2 of our “Act concerning obligations” (Gen. Stat., p. 2336), notwithstanding its annulment pro tanto by the fourteenth amendment, remains a practical working enactment, and permits a judgment against such joint debtors as have been brought into court.</p> <p>4. "Where one of two joint debtors resides within this jurisdiction, and the other is a non-resident and is not found to be served with process within this state, the plaintiff may have his judgment against the resident debtor who has been served with process, omitting the non-resident.</p>
