Taft v. Church
Nathaniel E. Taft v. Herbert B. Church & another
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Field, C. J.
It was within the power of the Superior Court to allow the plaintiff to discontinue the action as to the defendant Goode. Gray v. Cook, 135 Mass. 189 .
The contention of the defendants is that the finding should have been amended so as to show a finding against Church alone. In this case, as reported 162 Mass. 527, 533 , it is said in the opinion: “ Although the action is against two persons as partners, and one only is held liable, judgment may be entered against him alone, under the Pub. Sts. c. 171, § 5, and no amendment of the declaration is necessary.” See Wiggin v. Lewis, 12 Cush. 486 ; Downing v. Coyne, 121 Mass. 347 ; Merchants’ Ins. Co. v. Abbott, 131 Mass. 397, 407 .
We see no necessity of amending the finding. On the whole record, it sufficiently appears that the finding stands against Church alone.
Exceptions overruled.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
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.