New York Supreme Court, 1808

Montgomery v. Hasbrouck

Montgomery v. Hasbrouck
New York Supreme Court · Decided November 15, 1808
3 Johns. 538

Counsel

C. E. Elmendorf, for the defendants,, Slosson, contra.

Montgomery v. Hasbrouck

Opinion of the Court

Per Curiam.

Where the process is not bailable, or the cause of action is not specified in the writ, the plaintiff may join any number of defendants in the writ, and declare against them severally. There can be no inconvenience in this practice. If either of the defendants is not declared against, and he wishes to get rid of the action, he must proceed by obtaining a rule against the plaintiff to declare against him, or be nonsuited.

Rule refused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.