39 Mich. 80 | Mich. | 1878
Miller, a resident of the city of Grand Eapids, brought suit in the Superior Court against the plaintiffs in- error. It was commenced by declaration and described his residence but not that of plaintiffs in error.
The counsel for defendant in error not disputing the proposition that the court acquired no jurisdiction over Gunzberg by the service upon him, contends that the consequence drawn is fallacious. The position is that conceding the service on Gunzberg to be void, still the service on Jacobson was regular and his submission to the jurisdiction conclusive (Grand Rapids, N. & L. S. R. R. Co. v. Gray, 38 Mich., 461), and as the obligation sued on was joint, it was entirely regular to enter a joint judgment in the form actually pursued. Comp. L., §§ 6146-50. The court is of opinion that this position is right. The state of the case will admit of no question now. The plaintiffs in error stand as joint debtors and the judgment is in form against both. This the statute authorizes and hence there is no error. As to this, Mr. Gunzberg is in no worse position than any other joint judgment debtor not served.
The fact that ineffectual steps to effect lawful service on a joint debtor are taken cannot impair the right to enter a joint judgment, and in case there is an underlying question as to the sufficiency of the service in point of law to bind such debtor personally, it can only be solved when it comes up in some practical way and cannot be anticipated and .ruled upon in advance. It
It will be time enough to consider whether Mr. Gunzberg ought to be so held when attempt is made to enforce the judgment against him in a mode and to an extent not permitted by the statute relating to joint debtors in respect to such as are not served.
No error is shown and the judgment must be affirmed ■with costs.