Emerson v. Pattee
Massachusetts Supreme Judicial Court
The plaintiffs in review were original defendants in this action, which was trespass quare clausum fregit. Upon the first trial, there was a verdict for the original plaintiffs—one dollar, damages, and judgment accordingly, and for costs. Emerson purchased and prosecuted the writ of review in the name of all the original defendants. And upon the trial of the review, there was again a verdict for the original plaintiffs—damages, seventeen dollars.
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The plaintiffs in review were original defendants in this action, which was trespass quare clausum fregit. Upon the first trial, there was a verdict for the original plaintiffs—one dollar, damages, and judgment accordingly, and for costs. Emerson purchased and prosecuted the writ of review in the name of all the original defendants. And upon the trial of the review, there was again a verdict for the original plaintiffs—damages, seventeen dollars. After the verdict, the three defendants, who did not prosecute the writ, were called and did not appear Upon which the question was, How ought the…
1Opinion of the Court
The court,
(Sedgwick, Sewall, and Thacher, justices,) after taking time to consider, said, that upon the best consideration they could give the subject, it was their unanimous opinion, that the judgment must be entered against Emerson, for the damages found by the last verdict, and for the costs upon the review ; and that the former judgment be affirmed, to stand as a joint-judgment against all the original defendants.
The entry was ordered to be made—“And now all and singular the premises being seen and by the Court here fully understood, it is considered by the Court, that, the said David…
2Cited by9 opinions
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- Attorney General v. EllisMassachusetts Supreme Judicial Court · 1908
- Washburn v. CutterSupreme Court of Minnesota · 1871
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