The Practice At Law : in Equity, And in Special Proceedings, in All the Courts of Record in the State of New York; With Appropriate Forms

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432. See, ante, Actions by and against executors, etc., p.
ARTICLE II.
MODE OF PEOCEEDING.
Section 1. Proceedings in general.
a. Summons, its form and service. The summons must be subscribed by the judgment creditor, his representatives or at- torney, and it must describe the judgment, and require the per- son summoned to show cause, within twenty days after the ser- vice of the summons. It must be served in the same manner as the original summons. Code, § 377. The summons performs the oiflce o
...f a complaint as well as that of process strictly con- sidered. Mills V. Thurshy, 12 How. 385 ; S. C, 2 Abb. 432.
And it need not be served upon a party defendant who had been served in the former action, and against whom judgment had been rendered. Johnson v. Smith, 14 Abb. 421 ; S. C, 23 How.
444. For it is not a valid defense to an action upon a judgment 342 PROCEEDmaS AGAIN"ST JOINT DEBTORS, ETC.
Affidavit of amount due — Removal to United States court — Answer of defendant.
that the party served with process in the former action is not joined as a defendant.


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