Gray v. Cook

This is a writ of error. The error assigned by the plaintiffs is, that in the original action the plaintiff therein discontinued against Sanger, one of the defendants, and took judgment against the other defendants therein, who are the plaintiffs in error.

The action was tried before a justice of the Superior Court without a jury, who found for the plaintiff, and ordered judgment for him against all the defendants, who were then defendants *190of record, including Sanger, and then reported to this court certain questions of law which arose in the case. This court afterward sent down a rescript, in…