Whiting v. Cochran
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of this Court, rendered in an action wherein Cochran was plaintiff and Whiting was defendant. The judgment was against Whiting as principal, and against his goods, effects, and credits, in the hands' of Andrew Dexter and another, who had been summoned as trustees, and defaulted.
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This was a writ of error brought to reverse a judgment of this Court, rendered in an action wherein Cochran was plaintiff and Whiting was defendant. The judgment was against Whiting as principal, and against his goods, effects, and credits, in the hands' of Andrew Dexter and another, who had been summoned as trustees, and defaulted. The errors assigned were, in substance, that no issue was joined, upon which the verdict in the case could be given ; and that Dexter was never served with a copy of the original writ. The defendant in error pleaded in nullo est erratum. Upon the record being…
1Opinion of the Court
By the Court.
The plaintiff in error has assigned for error that no issue was joined in the original action. But the record before us says otherwise, and we are bound by the record. If, however, it were true that the plaintiff below had neglected to join the issue tendered, and had gone to trial, and the defendant had appeared and *466defended the action before the jury, the verdict would have been good, and the judgment to be supported.
As to the want of service on Dexter, one of the supposed trus tees of the defendant, he is alone interested in that question, and the plaintiff in error loses…
2Cited by21 opinions
- State v. BeattyWest Virginia Supreme Court · 1902
- French v. PetersMassachusetts Supreme Judicial Court · 1901
- State v. AlerWest Virginia Supreme Court · 1894
- Huling v. Florida Savings Bank & Real Estate ExchangeSupreme Court of Florida · 1883
- Kellogg v. LarkinWisconsin Supreme Court · 1851
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