Aeby v. Rapelyea , 1 Hill & Den. 371 ( 1841 )


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  • By the Court, Bronson, J.

    "Where there is a severance of the action, either before or on the trial, a defendant who sue- ■ ceeds may perfect a separate judgment against the plaintiff, without reference to the co-defendants. (Statutes of 1832, p. 489, § 4.) . But where, -as in this case, all of the defendants succeed on one trial without a severance of the action, only . one judgment should be perfected against the plaintiff.

    Motion granted.

Document Info

Citation Numbers: 1 Hill & Den. 371

Judges: Bronson

Filed Date: 6/15/1841

Precedential Status: Precedential

Modified Date: 10/19/2024