Dalton v. Barnard
Massachusetts Supreme Judicial Court
Contract against John P. Barnard, Jr., and Howard W. Barnard, as principals, and against Fred M. Smith as surety, on a bond given to dissolve an attachment in the usual form, in an action of contract brought by the plaintiff against the Barnards.
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Contract against John P. Barnard, Jr., and Howard W. Barnard, as principals, and against Fred M. Smith as surety, on a bond given to dissolve an attachment in the usual form, in an action of contract brought by the plaintiff against the Barnards. The answer of the defendant Howard W. Barnard contained a general denial, and further alleged that, “ if the plaintiff offers any evidence tending to establish his claim, then the defendant says that he was sued in the original suit by this plaintiff as one of the principal defendants, the plaintiff’s said writ alleging him and the said John P.…
1Opinion of the CourtC. Allen, J.
1. The defendant Smith in his brief contends, and the plaintiff admits, that there was an amendment to the declaration in the original action by filing a bill of particulars; but the papers in that suit have not been laid before us, and we *475have nothing to show that any new cause of action was added by the amendment; nor indeed is any such question raised in the answers of the defendants, nor was it, so far as we can see, included in the agreed statement of facts, or passed upon by the court.
2. It has been determined heretofore that a discontinuance as to one of several defendants will not…
2Cases cited2 opinions
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Wandelohr v. Grayson County National BankTexas Supreme Court · 1908
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
- King v. MaloneSupreme Court of Connecticut · 1917
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