Montgomery v. Hasbrouck
3 Johns. 538
N.Y. Sup. Ct.
1808
Check Treatment
Per Curiam.

Where 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.

Rule refused.