Blassingame v. Glaves
Court of Appeals of Kentucky
Error to the Pendleton Circuit. Trespass. Case 11. The case stated. Eight of injured party to redress, not merged in the public remedy. One of three defendants appeals from a Justice, plaintiff files a declaration against him alone, demurrer by such defendant will not be sustained for omission to sue the other defendants. nor for difference in discription of injury in the warrant and in the declaration.
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Error to the Pendleton Circuit. Trespass. Case 11. The case stated. Eight of injured party to redress, not merged in the public remedy. One of three defendants appeals from a Justice, plaintiff files a declaration against him alone, demurrer by such defendant will not be sustained for omission to sue the other defendants. nor for difference in discription of injury in the warrant and in the declaration. Plaintiff is not bound, in actions for tons and in form ex delicto, to carry out hisraction againstall defendants against whom it is commenced. When one of several defendants appeals from a…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
Glaves having obtained a judgment before a Justice of the Peace, under the statute.of 1840, (3 Stat. Law, 378,) against Blassingame and two others, for $16, on a warrant, for cutting and disfiguring his mare’s tail; Blassingame alone appealed to the Circuit Court; and the declaration filed in that Court under the requisitions of the statute, being against Blassingame alone, without any notice of the other defendants, a verdict and judgment were rendered against him for $16, the reversal of which he seeks in this Court.
It was contended in the…
2Cited by2 opinions
- Williams v. DickensonSupreme Court of Florida · 1891
- Nowlan v. GriffinSupreme Judicial Court of Maine · 1878