Smith v. Franklin
Massachusetts Supreme Judicial Court
This was a writ of error brought by Matthias Smith, of W., in the county of Kennebeck, to reverse a. judgment recovered against him in the county of Bristol.
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This was a writ of error brought by Matthias Smith, of W., in the county of Kennebeck, to reverse a. judgment recovered against him in the county of Bristol. The judgment complained of was rendered in the Court of Common Pleas for the county of Bristol, in June term, 1786, in favor of Lemuel Franklin of S., in the county of Bristol, and Jabez Barney of S. aforesaid, “ which said Jabez Barney is administrator of the goods and chattels, rights and credits, of Israel Barney, late of iS'., deceased,” against “ Matthias Smith of W., in the county of Lincoln, (a) on a note of hand made by Smith to…
1Opinion of the Court
The error assigned was that the said Lemuel Franklin, in his own right, and the said Jabez Barney, as administrator, as aforesaid joined in bringing the suit aforesaid, and that the judgment thereon, rendered was in favor of the said Lemuel Franklin, in his own right, and the said Jabez Barney, in his said capacity of administrator as aforesaid, which by law could not be done.
The defendants in error were called, but did not appear; and the *359Court reversed the judgment, but directed the clerk to tax no costs, the reversal being for error in law.
Bridge, for the plaintiff in error.
After the order…
2Cited by4 opinions
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