Shawe v. Colfax
1 Cole. & Cai. Cas. 450 | N.Y. Sup. Ct. | 1805
The plaintiffs should have applied for further time to declare, and shewn either that they were endeavouring to bring all the defendants into court, or pursuing one to outlawry. That would have been a good ground to enlarge the rule from time to time. Not having done so, and being authorised by our act to proceed against the defendants brought in, the plaintiffs were liable to be nonprossed equally as if all the defendants hud been before us.