 | Joseph Chitty - 1819 - 544 pages
...and on a judgment in replevin in the King's Bench, a writ of error must be brought in parliament(e). The circumstance of a party having elected one of...it be shewn, that the escape was wholly without his default(/). (e) Tidd'e Prac. 3d edit. 10Г5 to (/) Vasper v. Eddows, 1 Salk. 248. 1080. SCI Ld- Kaym.... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 pages
...out tithes, or for foreign money, 5 B. & Aid. 885 ; Tidd, 9lh (з) Лп1(, 142, 139 ; 2 Stark. 288. The circumstance of a party having elected one of several remedies by tic- or ELECTION or ACTIONS. fim, will not in general preclude him from abandoning such suit, and after... | |
 | Joseph Chitty - 1851 - 900 pages
...Replevin or detinue is preferable to trover, when it is important to obtain the goods themselves («). The circumstance of a party having elected one of several remedies by Effect of action, will not in general preclude him from abandoning such suit, and electlonafter having... | |
 | Joseph Chitty - 1859 - 892 pages
...4, p. 600, et seq. The circumstance of a party having elected one of several remedies by OF actwn, will not in general preclude him from abandoning such...duly discontinued it, he may adopt any other remedy. It Effect of ' seems that an action for rent may be supported, although a distress has election. been... | |
 | Joseph Chitty - 1872 - 900 pages
...4, p. 600, et seq. The circumstance of a party having elected one of several remedies by OF ELECTION action will not in general preclude him from abandoning such suit, and after ?,Lf°TIfNS having duly discontinued it, he may adopt any other remedy. It seems that election, an... | |
 | Joseph Chitty, Henry Greening - 1876 - 1174 pages
...Replevin or detinue is preferable to trover, when it is important to obtain the goods themselves, (m) The circumstance of a party having elected one of...action, will not in general preclude him from abandoning EflTCt o{ such suit, and after having duly discontinued it, he may adopt electionany other remedy,... | |
 | 1890 - 1220 pages
...МсАылвткк. PJ, 20 111. App., supra. Therefore theevidence was incompetent, in any view of the case. " The circumstance of a party having elected one of several remedies, by action, will no t, in general, preclude him from abandoning such suit, and, after having duly dincontinued it, he... | |
 | M. E. Dunlap (Counsellor at law) - 1905 - 620 pages
...inquiry. Replevin or detinue is preferable to trover when it is important to obtain the goods themselves. The circumstance of a party having elected one of...abandoning such suit, and, after having duly discontinued iti he may adopt any other remedy. The plaintiff cannot, in general, oring a fresh species of action... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1912 - 744 pages
...defendant in error elected to waive the tort, and he could not change the form of action to trover. "The circumstance of a party having elected one of...preclude him from abandoning such suit, and after having discontinued it, he may adopt any other remedy." 1 Chitty's Pl., 14th Ed., 212. Since the adoption... | |
 | New Brunswick. Supreme Court - 1877 - 748 pages
...information, unless the Court think fit to give him leave to bring an action," citing Reg. v. Sparrow.1 The circumstance of a party having elected one of...discontinued it, he may adopt any other remedy, but in the present case there is a bond to which the defendant can resort in the same suit which 1876 he cannot... | |
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OF actwn, will not in general preclude him from abandoning such suit, and after having duly discontinued it, he may adopt any other remedy. 
