¶1The defendant cannot pursue the bill and case both. He must elect. (1 John. Rep. 192, 5.)
¶2We then waive the bill; and will proceed with the case.
¶3Rule accordingly.
5 Cow. 415
Corlies v. Cummings
Decided May 15, 1826
New York Supreme Court · decided 1826-05-15
At the trial of this cause, the plaintiffs took a bill of exceptions on certain points of law; and afterwards made a case embracing the same points ; and also bringing up the question as to the weight of evidence. And now, D. Lord, junior, moved that the defendant should elect which he would abide by; and that if he should elect the one, the other should be set aside.
Decided 1826-05-15