election of actions

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
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. 
     2. It may be laid down as a general rule, that when a statute 
prescribes a new remedy, the plaintiff has his election either to adopt such 
remedy, or proceed at common law. Such statutory remedy is cumulative, 
unless the statute expressly, or by necessary implication takes away the 
Common law remedy. 1 S. & R. 32; 6 S. & R. 20; 5 John. 175; 10 John. 389; 16 
John. 220; 1 Call, 243; 2 Greenl. 404; 5 Greenl. 38; 6 Harr. & John. 383; 4 
Halst. 384; 3 Chit. Pr. 130. 
    

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