Kimball v. Wilson
Superior Court of New Hampshire
This was an action on the case, in the nature of waste. The declaration alleged, that the plaintiffs and the defendant were seized of a tract of land in Chester, in this county, as tenants in common ; and that, being so seized, the defendant, on the 1st November, 1820, &c., “ wrongfully, and unjustly, and without the consent or license, and against the “ will of the plaintiffs, cut down, felled, and prostrated, &c., “ seventy trees, owned by the plaintiffs and defendant in…
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This was an action on the case, in the nature of waste. The declaration alleged, that the plaintiffs and the defendant were seized of a tract of land in Chester, in this county, as tenants in common ; and that, being so seized, the defendant, on the 1st November, 1820, &c., “ wrongfully, and unjustly, and without the consent or license, and against the “ will of the plaintiffs, cut down, felled, and prostrated, &c., “ seventy trees, owned by the plaintiffs and defendant in com-st mon, as aforesaid, &c.; each of said trees being of the “ value of eight dollars, which same trees were standing…
1Opinion of the CourtRichaedson, C. J.
It is contended, that a release by one of these plaintiffs, is not a bar to this action ; ar,d we shall dispose of this question in the first place, before we proceed to examine the objections, which have been made to the form of the plea.
It is an old rule of law, that, where several join in a personal action to charge a defendant, the release of one is a bar to all. Thus, if tiro join in an action of debt, trespass, or the like, the release of one is a good bar to the action. Shep. Touch 335.-6 Coke 25, Ruddock’s case.—Croke Elizabeth 648, S. C.
But, if divers defendants be charged in an…
2Cases cited3 opinions
- Austin v. HallNew York Supreme Court · 1816
- Hedges v. StrongClackamas County Circuit Court, Oregon · 1868
- Johnson v. City CouncilClackamas County Circuit Court, Oregon · 1868
3Cited by6 opinions
- Pemigewasset Bank v. BrackettSuperior Court of New Hampshire · 1829
- Rangely v. WebsterSuperior Court of New Hampshire · 1840
- Bowman v. GoveSuperior Court of New Hampshire · 1840
- Clark v. DinsmoreSuperior Court of New Hampshire · 1830
- Cutter v. FolsomSuperior Court of New Hampshire · 1845
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