Ripley v. Chandler
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of this county, for the default of one Joshua Gould, his deputy, and was commenced on the 26th of April, 1810, for the Court of Common Pleas then next to be holden on the third Tuesday of the ensuing May.
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This was an action of the case against the defendant, as sheriff of this county, for the default of one Joshua Gould, his deputy, and was commenced on the 26th of April, 1810, for the Court of Common Pleas then next to be holden on the third Tuesday of the ensuing May. The default complained of was alleged to have been committed in March, 1809. At the last term of this court, holden before Thatcher, J., after judgment had been rendered for the. plaintiff for his damages, the defendant moved that the plaintiff should not be allowed to tax his costs ; because, on the 6th of the same April, he…
1Opinion of the Court
By the Court.
The provision of the statute, on which the defendant’s motion is grounded, has been heretofore * considered as applying to actions upon contract only, [ * 176 ] and not to actions for torts, (a)
It is not, however, certain that it was in the power of the plaintiff to join these two actions in one. The subjects of complaint were different, committed at different times, and by different persons *184Non constat that, when the plaintiff commenced the first action, he knew of the wrong of which he complains in the second.
But the principle of the point resolved in the case of Morse vs.…
2Cases cited1 opinion
- Lewis v. FosterSuperior Court of New Hampshire · 1815