Jackson v. Wakeman
New York Supreme Court
J. Platt, for JVakeman, moved for judgment as in case of Sion-suit, for not going to trial pursuant to a stipulation, &c. Wakeman and two other defendants had appeared separately and pleaded separately.
1Opinion of the Court
Curia.
On looking into the cases, we are satisfied that one of several defendants cannot sustain this motion. That the defendants sever in their pleas, does not alter the case; though it would be otherwise, should the plaintiff declare against one only. That would be an election to proceed separately, and would, in fact, be an action against one defendant only. This was the case in Roe v. Cock, (2 T. R. 257) and one defendant was allowed to sign judgment of non pros. The consequence of granting this motion, will be to put the plaintiff out of Court as to all the defendants ; for we cannot…
2Cases cited1 opinion
- Clement v. CrossmanNew York Supreme Court · 1811