Aeby v. Rapelyea

New York Supreme Court

Aeby v. Rapelyea

1 Hill & Den. 371

DecidedJune 15, 1841

StatusPublished

This text of 1 Hill & Den. 371 (Aeby v. Rapelyea) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aeby v. Rapelyea, 1 Hill & Den. 371 (N.Y. Super. Ct. 1841).

Pincite

Opinion

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.

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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.

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Bluebook (online)

1 Hill & Den. 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aeby-v-rapelyea-nysupct-1841.