Merrill v. Coggill
Superior Court of New Hampshire
ERROR, to reverse a judgment, rendered in the common pleas, on default, in an action of assumpsit, brought by the defendants against the plaintiff in error, along with Zacheus Fletcher and Horatio W. Hastings.
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ERROR, to reverse a judgment, rendered in the common pleas, on default, in an action of assumpsit, brought by the defendants against the plaintiff in error, along with Zacheus Fletcher and Horatio W. Hastings. The plaintiff assigned for error, 1. That it appears by the record, that the defendants in error, March 14, 1837, sued out a writ against the said Merrill, Fletcher, and Hastings, by the names, additions, and descriptions, of John Merrill of Salem, in the county of Rockingham, and state of New-Hampshire, yeoman ; Zacheus Fletcher of Wilton, in our county of Hillsborough, manufacturer,…
1Opinion of the CourtParker, C. J.
The defendants in error contend that error will not lie, because the omission, if any, to make further service, and to obtain judgment against all the defendants in the original action, was not disadvantageous to the plaintiff in error.
The application of the rule to this case may be questionable. If, by its not being disadvantageous to him, it be intended, that in case the others had been summoned, and judgment had been taken against them as well as against the plaintiff in error, the execution upon such judgment might have been levied upon the property of the plaintiff in error, in the same…
2Cases cited5 opinions
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Fowle v. BigelowMassachusetts Supreme Judicial Court · 1813
- Merriam v. WilkinsSuperior Court of New Hampshire · 1833
- Olcott v. LittleSuperior Court of New Hampshire · 1838
- Zerrano v. WilsonMassachusetts Supreme Judicial Court · 1851
3Cited by2 opinions
- Burt v. StevensSuperior Court of New Hampshire · 1850
- Nichols v. SmithSuperior Court of New Hampshire · 1853