50 Minn. 157 | Minn. | 1892
In respect to the adjustment of the rights of codefendants in an action as between themselves, it was the practice in courts of equity, independently of statutory provisions, to make a decree between codefendants according to the justice and equity of the case, founded upon the pleadings and proofs between the complainant and such defendants. It was also held competent for the court to make a decree between codefendants for contribution or a decree over founded upon facts stated in the bill, and clearly established on the trial, upon the issues as framed. Jones v. Grant, 10 Paige, 350. Our statute (1878 G. S. ch. 66, § 264) is declaratory of this practice. Lansing v. Hudsall, 26 Hun, 621; Kay v. Whittaker, 44 N. Y. 565.
Beyond the rule stated the court could not go, unless issues were framed or settled between the defendants by consent or order of the court, for the defendants would not be bound by answers of which
The practice was strictly correct, as required by the statute. If the controversy between the defendants could be disposed of at all in the same action, — which we do not decide, — it would be on a separate hearing, after issues framed or pleadings served between them by consent, or on motion under the direction of the court.
Judgment affirmed.