Richard v. Walton
New York Supreme Court
IN ERROR, oil certiorari to- a justice’s court., The defendants below were sued by warrant in trespass, for . 4.. ‘ , , ■ . r - , t cutting timber: the'constable retUrtfea to ¿he warrant', matines 0_', ' ■, p * » e aanae Ms sérvéd agreeable to law; but only brought Bichardg befdre the'^ j'.tísficé,! no reason appearing why the other defendant. was not brought.
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IN ERROR, oil certiorari to- a justice’s court., The defendants below were sued by warrant in trespass, for . 4.. ‘ , , ■ . r - , t cutting timber: the'constable retUrtfea to ¿he warrant', matines 0_', ' ■, p * » e aanae Ms sérvéd agreeable to law; but only brought Bichardg befdre the'^ j'.tísficé,! no reason appearing why the other defendant. was not brought. Ricjiards pleaded, and demanded an adjourn* ment, but refusing to give security, it was denied, and the justice gave judgment againslt both defendants. ' ' ; ‘
1Per curiam
The rule of affirming: in part, .and reversing int ' h .. ■ X if*. : , ,• ■ part, does not apply to cases of this kind; (8 Johns. Rep. 566.) -be qotie where the judgments are distinct^ as ifi cases of damageSf and costs, in which the judgment may be /reversed as to one, and affirmed as to the otherj, but where the judgment is entire, there must be a total affirmance, or reversal. Thus,. at common law, in án action of trespass against three, if one die, pending the writ, and yet judgment be given against all three, the' whole judgment must be reversed, because it is entire, although the writ…
2Cited by27 opinions
- Anderson v. HubbleIndiana Supreme Court · 1884
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- Bush v. BrainardNew York Supreme Court · 1823
- Altman v. . HofellerNew York Court of Appeals · 1897
- Purvis v. . Coleman StetsonNew York Court of Appeals · 1860
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