Tweedy v. Jarvis
Supreme Court of Connecticut
Assumpsit. The defendant filed the following plea in abatement: Now the said William Jarvis comes into court and prays judgment of the plaintiff’s writ and declaration, and that the same may abate and be dismissed, because he says that the said supposed promises and undertakings in the said declaration mentioned, if any such were made, were made jointly with William B. Ogden, of Chicago, in the State of Illinois, Charles Butler, of the city, county and state of New York, and…
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Assumpsit. The defendant filed the following plea in abatement: Now the said William Jarvis comes into court and prays judgment of the plaintiff’s writ and declaration, and that the same may abate and be dismissed, because he says that the said supposed promises and undertakings in the said declaration mentioned, if any such were made, were made jointly with William B. Ogden, of Chicago, in the State of Illinois, Charles Butler, of the city, county and state of New York, and J. W. Hickock, of the city, county and state of New York, who are all still living, and not by the defendant alone ;…
1Opinion of the CourtStorrs, C. J.
The only question presented to us is whether the plea in abatement, in the case brought before us by this writ of error, is sufficient.
It is a well settled and familiar principle, that in an action ex contractu, all the persons who are jointly liable to the plaintiff must be made defendants, and consequently must be named as such in the writ, and if any of them are omitted, the non-joinder of them may in all cases be pleaded in abatement, and indeed must be taken advantage of in this mode, unless upon the face of the declaration it appears that others so liable and living are omitted, in…
2Cited by12 opinions
- O'brien's PetitionSupreme Court of Connecticut · 1906
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Riley v. LitchfieldSupreme Court of Iowa · 1914
- People v. ReillyIllinois Supreme Court · 1913
- Sharp v. StateAlabama Court of Appeals · 1928
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