Massachusetts Supreme Judicial Court, 1807

Andrews v. Bosworth

Andrews v. Bosworth
Massachusetts Supreme Judicial Court · Decided September 15, 1807
3 Mass. 223

Andrews v. Bosworth

Opinion of the Court

Curia.

Sufficient cause to quash this writ appears on the face of the record certified to us ; and in such case the proper course is by motion (5).

Writ of error quashed.

[When judgment is given against several, any of them may bring a writ of error, but it must be in the names of all, for otherwise this inconvenience would ensue, that every defendant might bring a writ of error, and, by that means, delay the plaintiff from having the benefit of his judgment, though it should be affirmed once or oftener.—Arcb. Prac Com. Pl. 1 vol. p. 208, 209.—Ed.]

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