Talbot v. Whiting
Massachusetts Supreme Judicial Court
This was a scire facias against Mr. Whiting as endorser of an original writ brought by one John Dickerman, to recover the amount of a judgment for costs obtained by the present plaintiff against Dickerman in the original suit.
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This was a scire facias against Mr. Whiting as endorser of an original writ brought by one John Dickerman, to recover the amount of a judgment for costs obtained by the present plaintiff against Dickerman in the original suit. The defendant pleaded, in bar of execution? that the judgment was recovered upon the nonsuit of Dickerman in said action, and not where the plaintiff had failed to support his action on a trial, as by law it ought to have been, to make the endorser of the original writ liable fo- costs: and this, &c., wherefore, &c. To this ptea in bar tne plaintiff demurred generally,…
1Per curiam
The statute provision (1) brought in question by *he defendant’s plea is too explicit to admit of any doubts. Original writs, before they are served, are to be endorsed by [# 360 ] the plaintiff, or by his agent or attorney; and * the plaintiff’s agent, or attorney, who shall so endorse his name upon an original writ, shall be liable, in case of the avoidance, die , of the plaintiff, to pay the defendant all such costs as he sha. I recover, and to pay all prison charges that may happen, where the plaintiff shall not support his action.
1'he defendant, relies upon these last words, connected…
2Cited by1 opinion
- Carroll v. WilliamsSupreme Court of Rhode Island · 1894