City of Springfield v. Sleeper
Massachusetts Supreme Judicial Court
. Three actions of contract upon the following instrument in writing signed by the defendants and others: “ Provided the city will place granite curb-stones around the large trees on North Main Street, for the purpose of protecting them, we the subscribers hereby agree to pay to the city the cost of the curbstones so" placed opposite our land on our side of the street.”
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. Three actions of contract upon the following instrument in writing signed by the defendants and others: “ Provided the city will place granite curb-stones around the large trees on North Main Street, for the purpose of protecting them, we the subscribers hereby agree to pay to the city the cost of the curbstones so" placed opposite our land on our side of the street.” At the trial in the Superior Court, Aldrich, J., ordered, the plaintiff objecting, that the cases should be tried together. The evidence against the defendants was different, and they employed different counsel. The presiding…
1Opinion of the CourtGray, C. J.
It was within the discretion of the court to order the three cases to be tried together. The difference in the evidence, and the employment of distinct counsel by the defendants, were circumstances to be considered by the court below, but did not entitle the plaintiff as of right to separate trials. Witherlee v. Ocean Ins. Co. 24 Pick. 67. Kimball v. Thompson, 4 Cush. 441. Commonwealth v. Robinson, 1 Gray, 555. Commonwealth v. James, 99 Mass. 438. Commonwealth v. Powers, 109 Mass. 353. Exceptions overruled.
2Cases cited2 opinions
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. PowersMassachusetts Supreme Judicial Court · 1872
3Cited by11 opinions
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
- Yardley v. Rutland Railroad Co.Supreme Court of Vermont · 1931
- Schmidt v. RiessWisconsin Supreme Court · 1925
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889
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