Taft v. Church
| Decision Date | 19 October 1895 |
| Citation | 164 Mass. 504,41 N.E. 671 |
| Parties | TAFT v. CHURCH et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
W.S.B. Hopkins and Charles M. Thayer, for plaintiff.
Warren Ozro Kyle, for defendants.
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 in 162 Mass. 533, 39 N.E. 283, 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 Pub.St. c. 171, § 5, [1] and no amendment of the declaration is necessary." See Wiggin v. Lewis, 12 Cush. 486; Downing v. Coyne, 121 Mass. 347; Insurance 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.
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Notes:
[1] The statute provides that in actions on contract, against several defendants, plaintiff is entitled to judgment against such defendants as are found liable, though all the defendants are not jointly liable.
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Roxbury Painting & Decorating Co. v. Nute
...share of that tenant may be held for the work thus authorized and a lien established against it. See in this connection Taft v. Church, 164 Mass. 504, 41 N. E. 671; Washburn v. Burns, 34 N. J. Law, 18. It follows that in the case of Mrs. Harriet E. Young the petitioners' exceptions are over......
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Brown v. Thayer
...on a joint contract Rev. Laws, c. 177, § 6, provide for separate judgments if the defendants are not found jointly liable. Taft v. Church, 164 Mass. 504, 41 N. E. 671. But there are no provisions for separate judgments in actions of tort even if death has been caused by the concurrent acts ......
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Lee v. Blodget
... ... raised to have moved to discontinue, and no amendment to the ... declaration would have been necessary. Taft v ... Church, 162 Mass. 533, 39 N.E. 283; s. c., 164 Mass ... 504, 41 N.E. 671. The verdict for the executors, however, in ... so far as the ... ...
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Brown v. Thayer
... ... Laws, c. 177, § 6, ... provide for separate judgments if the defendants are not ... found jointly liable. Taft v. Church, 164 Mass. 504, ... 41 N.E. 671. But there are no provisions for separate ... judgments in actions of tort even if death has been caused ... ...