Lansing v. Montgomery
New York Supreme Court
ON the return to the certiorari in this cause, the following facts appeared. The defendant in error brought an action of trespass in the court below, against Lansing and Goeway.
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ON the return to the certiorari in this cause, the following facts appeared. The defendant in error brought an action of trespass in the court below, against Lansing and Goeway. Both defendants appeared, and the plaintiff below declared against' them, that Goeway being a constable, Lansing, as landlord, gave him a warrant to distrain on the plaintiff for rent, and that by virtue of the wanant> &oaway took and carried away the property of the plaintiff, to the amount of twenty-five dollars, when, 111 fllct’ no rent was clue- The defendants' severed in their pleas, Goevjay pleaded, that the…
1Per curiam
The judgment in favour of Goeway was 110 bar to the suit against Lansing, for torts are joint and several, and the defendants pleaded separately. Where two are sued for a tort, the jury may find one defendant *383guilty, and the other not guilty.|| The demurrer to the plea of Goeioay did not estop the plaintiff from replying to the plea of Lansing, and going to trial on that issue; for Lansing was not a party to the demurrer, and one who is not bound by, cannot take advantage of, an estop-pe].** Nor were the iurv who tried the issue between the plaintiff and Lansing bound by the supposed…
2Cited by12 opinions
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- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Goble v. DillonIndiana Supreme Court · 1882
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Dahms v. SearsOregon Supreme Court · 1885
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