Supreme Court of Vermont, 1852

State Treasurer v. Friott

State Treasurer v. Friott
Supreme Court of Vermont · Decided January 15, 1852
24 Vt. 134

State Treasurer v. Friott

Opinion of the Court

By the Court.

This is a scire facias against one of two joint recognizors, and the administrators of the other. ■

This is clearly a misjoinder and may be taken advantage of on demurrer, when it appears upon the face of the declaration. The plaintiff can have but one judgment, and that judgment must be against both defendants, and no judgment of that land could properly be rendered against both these defendants, as one of them is not personally liable. Judgment affirmed.

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