Tracy v. Merrill
Massachusetts Supreme Judicial Court
Contract, in behalf of Jonathan Cottle, on the bond given by Merrill, as principal, and the other defendants, as sureties, to the plaintiff, as treasurer of the city of Boston, for the faithful discharge of Merrill’s duties as a constable.
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Contract, in behalf of Jonathan Cottle, on the bond given by Merrill, as principal, and the other defendants, as sureties, to the plaintiff, as treasurer of the city of Boston, for the faithful discharge of Merrill’s duties as a constable. At the trial in the superior court, at January term 1869, before Morton, J., the plaintiff proved the appointment of Merrill as constable and the execution of the bond, and also introduced in evidence the record of an action of Cottle v. Merrill in that court, by which it appeared that Cottle, on December 21, 1867, recovered judgment in that action against…
1Opinion of the CourtAmes, J.
The record in the former suit between these parties is conclusive upon the point that, as the facts then stood, the plaintiff was not entitled to recover. But it does not necessarily follow that he is in the same situation now. It is true that he cannot bring a new action for the purpose of trying the same question over again, and putting in new evidence, which he had overlooked or considered immaterial. The first case may have been decided, not upon its merits, but on some technical informality; or it may have been prematurely brought. The former suit, it is true, was brought upon the same…
2Cases cited1 opinion
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
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- Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
- City of Cambridge v. FosterMassachusetts Supreme Judicial Court · 1907
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1885
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