Palmer v. Crosby
Indiana Supreme Court
ERROR to the Clark Circuit Court. — This was an action of trespass for an assault and battery, and false imprisonment, against six persons. The sheriff returned, that he had executed the process on four of them, but said nothing, as to the others. The declaration was against the six named in the writ. Those served with process appeared, and severally pleaded not guilty.
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ERROR to the Clark Circuit Court. — This was an action of trespass for an assault and battery, and false imprisonment, against six persons. The sheriff returned, that he had executed the process on four of them, but said nothing, as to the others. The declaration was against the six named in the writ. Those served with process appeared, and severally pleaded not guilty. After the evidence was closed, the defendants moved the Court to instruct the jury, that If they should find more than one of the defendants guilty, they could assess separate damages against each of those so found guilty.…
1Opinion of the CourtBlackford, J.
In support of the first point, the plaintiffs in error have cited 1 Str. 473, 2 Str. 1269, 1 Wils. 78. These are all actions founded on contract, and if the present were a case of that kind, the objection would be a sound one, and the authorities in point; there could hav.e been no proceedings in the cause against the defendants summoned, until the sheriff had returned that the others were not inhabitants, of the county; which return is substituted by our statute for the English process of outlawry (1). Even where a contract is joint and several, though the plaintiff may go against one or all…
2Cases cited2 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Dougherty v. DorseyCourt of Appeals of Kentucky · 1815
3Cited by12 opinions
- Anderson v. HubbleIndiana Supreme Court · 1884
- Boor v. LowreyIndiana Supreme Court · 1885
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Everroad v. GabbertIndiana Supreme Court · 1882
- Wheaton v. WhittemoreMichigan Supreme Court · 1882
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