Kirkpatrick v. Murphy

3 N.J.L. 951

Opinion

By the Court.

— Merely that an execution or 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. Judgment reversed.