Ticknor v. Harris
Superior Court of New Hampshire
Covenant broken. Thére was a general demurrer to the declaration, and a case stated, upon which the court decided that the action could be maintained at law against Elizabeth Harris, widow of John Harris, and also against Thomas J. Harris ; and that it could not be maintained against the other defendants, legatees of John Harris.
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Covenant broken. Thére was a general demurrer to the declaration, and a case stated, upon which the court decided that the action could be maintained at law against Elizabeth Harris, widow of John Harris, and also against Thomas J. Harris ; and that it could not be maintained against the other defendants, legatees of John Harris. The plaintiff subsequently discontinued as to Elizabeth Harris, who had deceased, and become nonsuit as to all the other defendants, except Thomas J. Harris. Three of the defendants were minor children of Thomas J. Harris, and were personally served in the process.…
1Opinion of the CourtParker, C. J.
We are of opinion that the defendants who are discharged from the suit, under the provisions of our statutes are entitled to but a single bill of costs. There seems to be no sound principle by which we can sever them. The action was brought jointly against all. The demurrer was by all jointly. They joined also in stating a case. The general ground of the opinion that the action could not be sustained against those who have been discharged, and upon which the plaintiff has become *108nonsuit as to them, related to all alike. They were not heirs or devisees. Whether we could have come to a…
2Cases cited2 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Crosby v. LovejoySuperior Court of New Hampshire · 1833