Yawkey v. Richardson

Campbell J.:

The action below was brought by the defendants in error against the plaintiff in error and Curtis Emerson, upon the common counts for goods sold and delivered. Evidence having been introduced to make out the plaintiffs’ ease, which had no tendency to show any but sole transactions of Yawkey, the plaintiffs, without any affidavit or statement showing inadvertence, introduced a stipulation signed by Curtis Emerson, authorizing them to discontinue as against him: and thereupon moved for leave to discontinue the suit as to Emerson, so as to leave it to proceed against Yawkey alone.…