Andrews v. Bosworth
Massachusetts Supreme Judicial Court
The writ of error in this case was brought to reverse a judg merit of the Court of Common Pleas for this county, which was rendered upon an appeal from the judgment of a justice of the peace. The original action was trespass against the plaintiffs in error, and a third person, brought by the defendant in error, for an injury *o his horse.
1Opinion of the Court
Curia.
Sufficient cause to quash this writ appears on the face of the record certified to us ; and in such case the proper course is by motion (5).
Writ of error quashed.
[When judgment is given against several, any of them may bring a writ of error, but it must be in the names of all, for otherwise this inconvenience would ensue, that every defendant might bring a writ of error, and, by that means, delay the plaintiff from having the benefit of his judgment, though it should be affirmed once or oftener.—Arcb. Prac Com. Pl. 1 vol. p. 208, 209.—Ed.]
2Cited by9 opinions
- Boston Safe Deposit & Trust Co. v. WickhamMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. WalkerMassachusetts Appeals Court · 1997
- Whitmore v. DelanoSuperior Court of New Hampshire · 1834
- Whitworth v. CarterMississippi Supreme Court · 1868
- Carey v. RiceSupreme Court of Georgia · 1847
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