Beard v. Beard

Grice, Justice.

This case involves the doctrine of election of remedies. An election of remedies has been defined as the choos ing between two or more different and coexisting modes of procedure and relief allowed by law on the same state of facts. . See the authorities cited in 18 Am. Jnr. 129, § 3. In the same text may be found this statement: “The doctrine is applicable where an aggrieved (party has two remedies by which he may enforce inconsistent rights growing out of the same transaction and, being cognizant of his legal rights and of such facts as will enable him to make an intelligent…