Whiting v. Hollister
Massachusetts Supreme Judicial Court
Whiting v. Hollister, 2 Mass. 102 (Mass. 1806)
Whiting v. Hollister
Opinion of the Court
denied the motion, because this provision was made for the security of the defendant, which, if he pleased, he might waive; and if, at the term the writ is returned, he does not except to the want of an endorser, either by a plea in abatement, or perhaps by moving the Court to nonsuit the plaintiff, he must be considered as having waived the security provided for his benefit.
Gilbert & Al. vs. The Nantucket Bank, 5 Mass. Rep. 97.—Martin vs. Commonwealth, 1 Mass. Rep. 347.— Coffin vs. Jones, 5 Pick. 61.— Rathbone vs. Rathbone, 4 Pick. 89.
Reference
- Full Case Name
- Charles Whiting versus William Hollister
- Status
- Published