Kasson v. People ex rel. Rease
New York Supreme Court
CEETIOEAEI to the county judge of Steuben county. On the 28th day of May, 1861, Michael Eightenburgh duly recovered a judgment against Alfred J. Gilbert, in an action brought before J. S. Eobinson, Esq. a justice of the peace, for $101.88 damages and costs. On the 14th day of June, 1861, the said Eightenburgh duly recovered a judgment against Peter Eease in another action, before the same justice of the peace, for $90.13 damages and costs.
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CEETIOEAEI to the county judge of Steuben county. On the 28th day of May, 1861, Michael Eightenburgh duly recovered a judgment against Alfred J. Gilbert, in an action brought before J. S. Eobinson, Esq. a justice of the peace, for $101.88 damages and costs. On the 14th day of June, 1861, the said Eightenburgh duly recovered a judgment against Peter Eease in another action, before the same justice of the peace, for $90.13 damages and costs. The two actions were brought against Gilbert and Eease separately, for a trespass committed by them. The said two judgments were duly assigned to Julius H.…
1Opinion of the Court
By the Court, Welles, J.
The two judgments in favor of Bightenburgh, one of which was against Alfred J. Gilbert, and the other against the relator, Peter Bease, were for one and the same trespass, and Bightenburgh had his election to prosecute both in one action, or to sue them separately; and in the latter case, provided he recovered, he had the further election de melioribus damnis. He elected to sue them separately, and recovered in both actions. • He also elected • to sue out execution upon the judgment against Gilbert, upon which the latter was commited to jail on the 25th of June, 1861.…
2Cases cited1 opinion
- Hotchkiss v. LothropNew York Supreme Court · 1806
3Cited by10 opinions
- Kirchner v. StateAppellate Division of the Supreme Court of the State of New York · 1928
- Liebman v. County of WestchesterNew York Supreme Court · 1972
- All v. Delaware & Hudson RailroadNew York Supreme Court · 1941
- Bonesteel v. GarlinghouseNew York Supreme Court · 1871
- Flanders v. BattenNew York Supreme Court · 1889
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