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Andrews v. Bosworth

Richard Andrews and Another, in Error, versus Zadock Bosworth

Andrews v. Bosworth, 3 Mass. 223 (1807)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 15, 1807
Citations
3 Mass. 223
Headnotes
If a writ of error is brought by two persons upon a judgment against themselves and another, and the death of the third person is not suggested, the Court wiP quash the writ upon motion.
Summary
The writ of error in this case was brought to reverse a judg merit of the Court of Common Pleas for this county, which was rendered upon an appeal from the judgment of a justice of the peace. The original action was trespass against the plaintiffs in error, and a third person, brought by the defendant in error, for an injury *o his horse.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1820–1821: 11834–1835: 11836–1837: 11846–1847: 11860–1861: 11868–1869: 11870–1871: 11926–1927: 11996–1997: 118202026peak 1820 · 1

Relies on it most ⓘ

  1. Boston Safe Deposit & Trust Co. v. Wickham254 Mass. 471 (1926)
  2. Commonwealth v. Walker674 N.E.2d 249 (Mass. App. Ct. 1997)
  3. Whitworth v. Carter41 Miss. 639 (1868)
  4. Whitmore v. Delano6 N.H. 543 (1834)
  5. Carey v. Rice2 Ga. 408 (1847)
  6. Gay v. Richardson35 Mass. 417 (1836)

Most recent

  1. Commonwealth v. Walker674 N.E.2d 249 (Mass. App. Ct. 1997)
  2. Boston Safe Deposit & Trust Co. v. Wickham254 Mass. 471 (1926)
  3. McClure v. Taylor38 Ind. 427 (1871)
  4. Whitworth v. Carter41 Miss. 639 (1868)
  5. Crawford v. Crawford44 N.H. 428 (1860)
  6. Carey v. Rice2 Ga. 408 (1847)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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