3 Johns. 538
Decided November 15, 1808
New York Supreme Court · decided 1808-11-15
A CAPIAS AD RESPONDENDUM was issued, at , the suit of the plaintiff, against James Hasbrouck, Conrad Elmendorf, P)aniel Lewis, and seven others, to answer in a plea of trespass, returnable at the… Held: that the plaintiff might declare against them severally.
Cited by 2 later decisions — most recently July 1835
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1808-11-15
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¶1Where 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.
¶2Rule refused.