Bogue v. Prentis

It appears from the return to the writ of error that the two writs of summons were issued in the same case at the same moment and were served and returned together, the sole distinction between them being that one was testdd in the name of the then chief justice of this court and the other in the name of Judge Beilly. The plaintiffs in error are precluded from .contending that the two precepts effectuated the commencement of two distinct suits: because the record brought up in answer to their own writ of error and on which record they are demanding the judgment of the court, exhibits the two…