Roosevelt v. Soulden & Smith

New York Supreme Court

Roosevelt v. Soulden & Smith

16 Johns. 44

CourtNew York Supreme Court

DecidedJanuary 15, 1819

StatusPublished

Cited by1 cases

This text of 16 Johns. 44 (Roosevelt v. Soulden & Smith) 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

Roosevelt v. Soulden & Smith, 16 Johns. 44 (N.Y. Super. Ct. 1819).

Pincite

Opinion

Per Curiam.

Where the writ does not require special bail, several persons may be named as defendants, and the plaintiff may declare, and proceed against any one of them, separately. The Court so decided in Montgomery v. Hasbrouck, (3 Johns. Rep. 538.) Such, also, is the English practice, (1 Tidds Pr. 80. 4 Term Rep. 696, 697. note. 1 Bos. Pull, 50. 5 Bos. & Pull. 82. 5 Term Rep. 722.) But in this case, the writs contained clauses of ac etiam, and the defendants were held to bail. The declarations and sub[45]*45sequent proceedings must, therefore, be set aside, for irregularity, with costs. (Rogers v. Rogers, 4 Johns. Rep. 485.)

Motion granted.

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Per Curiam.

Where the writ does not require special bail, several persons may be named as defendants, and the plaintiff may declare, and proceed against any one of them, separately. The Court so decided in Montgomery v. Hasbrouck, (3 Johns. Rep. 538.) Such, also, is the English practice, (1 Tidds Pr. 80. 4 Term Rep. 696, 697. note. 1 Bos. Pull, 50. 5 Bos. & Pull. 82. 5 Term Rep. 722.) But in this case, the writs contained clauses of ac etiam, and the defendants were held to bail. The declarations and sub[45]*45sequent proceedings must, therefore, be set aside, for irregularity, with costs. (Rogers v. Rogers, 4 Johns. Rep. 485.)

Motion granted.

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Bluebook (online)

16 Johns. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-v-soulden-smith-nysupct-1819.

Opinion

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