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Election of actions |
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ELECTION OF ACTIONS, practice. It is frequently at the choice of the
plaintiff what kind of an action to bring; a skillful practitioner would
naturally select that in which his client can most easily prove what is his
interest in the matter affected; may recover all his several demands against
the defendant; may preclude the defendant from availing himself of a
defence, which be might otherwise establish; may most easily introduce his
own evidence; may not be embarrassed by making too. many or too few persons
parties to the suit; may try it in the county most convenient to himself;
may demand bail where it is for the plaintiff's interest; may obtain a
judgment with the least expense and delay; may entitle himself to costs; and
may demand bail in error. 1 Chit. Pl. 207 to 214.
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