Mitchell v. Smith
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action for an assault and lattery, committed by the appellants upon the appellee, and was instituted against them jointly. The writ was served upon John only, and an alias writ was sued out against Geo. A. The declaration was filed against both at April term 1850, and at the same term the alias writ was returned non est, a second one sued out, and John pleaded separately wow. cul, and son assault demesne.
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Appeal from Prince George’s County Court. This was an action for an assault and lattery, committed by the appellants upon the appellee, and was instituted against them jointly. The writ was served upon John only, and an alias writ was sued out against Geo. A. The declaration was filed against both at April term 1850, and at the same term the alias writ was returned non est, a second one sued out, and John pleaded separately wow. cul, and son assault demesne. AtNovember term 1850, the second alias writ was returned cepi, and Geo. A. appeared by attorney. At April term 1851,theplaintiff…
1Opinion of the CourtEccleston, J.
Where an assault has been committed by two persons, the party injured may sue them jointly or separately, at his pleasure. If jointly and one is taken but the other not, and on the renewal of the writ he is brought into court, we see no good reason, why, at the instance of the plaintiff, if the cases *406stand separately on the docket, the court should not order them to be tried before the same jury, or consolidated. A denial of such authority in the court would furnish the defendants a very easy method of effectually putting an end to the plaintiff’s right to a joint suit. All that is necessary…
2Cases cited1 opinion
- Smith v. MorganCourt of Appeals of Maryland · 1849
3Cited by7 opinions
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Davis v. Board of EducationCourt of Appeals of Maryland · 1935
- Dorsey v. EnglishCourt of Appeals of Maryland · 1978
- Greenbelt Homes, Inc. v. BOARD OF EDUCATION OF PR. GEORGE'S CTY.Court of Appeals of Maryland · 1968
- Montgomery Ward & Co. v. KeulemansCourt of Special Appeals of Maryland · 1974
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