Walker v. Dresser
Massachusetts Supreme Judicial Court
Contract against George A. Dresses, Calvin A. Paige and Andrew J. Bartholomew. The declaration alleged that the plaintiff sued out a writ on September 6, 1870, returnable to the Superior Court, to be held at Fitchburg, in and for the county of Worcester, on the second Monday of November 1870, wherein George A. Dresser and Moses C. McKinstry were joined as defendants ; that upon such writ an attachment was made of all the real estate of Dresser and McKinstry in the county;…
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Contract against George A. Dresses, Calvin A. Paige and Andrew J. Bartholomew. The declaration alleged that the plaintiff sued out a writ on September 6, 1870, returnable to the Superior Court, to be held at Fitchburg, in and for the county of Worcester, on the second Monday of November 1870, wherein George A. Dresser and Moses C. McKinstry were joined as defendants ; that upon such writ an attachment was made of all the real estate of Dresser and McKinstry in the county; that the writ was duly entered and the plaintiff filed his declaration, containing two counts, the first against…
1Opinion of the CourtMorton, J.
The bond in suit was given to dissolve an attachment of real estate of Dresser made in an action in which he was joined as defendant with McKinstry. There were two counts, one against McKinstry as maker of a promissory note, the other against Dresser as a guarantor.
The causes of action against the two defendants are distinct, and at common law they could not be joined in one action. This is permitted by our statutes. Gen. Sts. c. 129, § 4. But the statute provides for the separate trial of the issues, and that several judgments shall be entered according to the several contracts of the…
2Cited by5 opinions
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