Knickerbacker v. Colver
New York Supreme Court
A NON*BAILABLE capias ad respondendum was issued *** f against Oolver and Hawes jointly at the suit of the plain- ^ f°r a false imprisonment committed by Hawes.
Read the full summary
A NON*BAILABLE capias ad respondendum was issued *** f against Oolver and Hawes jointly at the suit of the plain- ^ f°r a false imprisonment committed by Hawes. The plaintiffs attorney received separate notices of retainer, *by attorney f°r Oolver and another for Háwes; whereupon he declared separately against the defendants, and is* SU6S were joined, and the cause carried down for trial at the circuit, as if the suits had been commenced by'separate . , . _ . , . . . - . process against each. At the circuit, the plaintiff and defen(^ants agreed that these causes should abide the event of…
1Opinion of the Court
Curia.
Where the process is not bailable, it may go against any number of defendants jointly; and yet the plamtiff may declare against them severally. (3 John. 538; l T. E. 696[697. l B * P. 49; 6 B. * P. 82.)
By the course of proceeding, these suits became separate tQ eyery purpose; and are not to be considered as a joint suit defended by each defendant sirnvl cum the other. The defendants are to be treated as joint trespassers sued separately, in which case the plaintiff can' have but one satis* *112faction; but he may assess damages separately; and then elect de melioribus damnis, and recover…
2Cases cited1 opinion
- Montgomery v. HasbrouckNew York Supreme Court · 1808
3Cited by7 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Ellis v. EssonWisconsin Supreme Court · 1880
- Liebman v. County of WestchesterNew York Supreme Court · 1972
- O'Shea v. KirkerThe Superior Court of New York City · 1859
- Schmidt v. North German Lloyd Steamship Co.New York Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.