Meagher v. Bachelder
Massachusetts Supreme Judicial Court
In assumpsit, the defendants severally pleaded the general issue of non assumpsit, which was joined by the plaintiff. , On a trial before Parker, J., during this term, a verdict was returned for the defendants. Afterwards, when the Court was full, Orr moved for a direction to the clerk to tax costs for each of the defendants, as they had pleaded severally.
1Opinion of the Court
But the Court denied the motion, and at the same time observed that this was a very improper mode of pleading; and that if the plaintiff had demurred, he must have had judgment. Defendants cannot sever in their pleas, except in actions founded on a tort. If, in this case, one defendant only had appeared, he must have pleaded that the three defendants did not promise, &c.
Orr took nothing by his motion.
2Cited by4 opinions
- Austin v. FelandSupreme Court of Missouri · 1843
- Mason v. WaiteMassachusetts Supreme Judicial Court · 1823
- Moore v. KnowlesSupreme Judicial Court of Maine · 1876
- Prescott v. BartlettSupreme Court of New Hampshire · 1861