Brown v. Chase
Massachusetts Supreme Judicial Court
This writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, in an action originally commenced before a justice of the peace, and carried, by appeal, to the Common Pleas. The original action was assumpsit, sued by the defendant in error against the plaintiff in error, as he was guardian of one George Fitzgerald, a spendthrift. The declaration was upon a promise of Fitzgerald.
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This writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, in an action originally commenced before a justice of the peace, and carried, by appeal, to the Common Pleas. The original action was assumpsit, sued by the defendant in error against the plaintiff in error, as he was guardian of one George Fitzgerald, a spendthrift. The declaration was upon a promise of Fitzgerald. The plaintiff in error pleaded that he never promised, in manner and form, as the plaintiff had declared. Issue being joined upon this plea, the jury returned their verdict, that…
1Opinion of the Court
The Court
reversed the judgment without argument, because the verdict does not find the issue joined, nor does the judgment follow the verdict. They also said that the action ought not to have been *383brought against the guardian, but against the spendthrift, who might defend by his guardian.
Rice, for the plaintiff in error,
moved for costs.
The Chief Justice observed that he saw no sufficient reason'why costs should not be given. But the practice having been uniform not to grant them where the judgment is reversed for error in law, it cannot be shaken without great consideration. And the motion…
2Cited by14 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- United States v. KingSupreme Court of the United States · 1849
- Taylor v. LoveringMassachusetts Supreme Judicial Court · 1898
- Potter v. GardnerSupreme Court of the United States · 1831
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