Boardman v. Stewart

<p>Eeeor to reverse a judgment of the- County Court on a scire facias, brought by said Stewart v. David Boardman and Jonathan Brewster; declaring, that he brought an action against Jonathan Boardman, an absent absconding debtor, and left copies with said David and said Brewster, agents, factors, attorneys, and debtors to said Jonathan Boardman; that he recovered judgment against said Jonathan Boardman, took out execution which had been returned non est inventus; and that said David and said Brewster, were agents, factors, etc. and had the effects of said Jonathan in their hands, when said copies wrere left as aforesaid; praying for remedy against them, etc.</p> <p>Said David plead — That he never was agent, factor, attorney, or debtor to said Jonathan Boardman, nor had any of bis effects in bis bands; on wbicb plea tbe plaintiff joined issue, and tbe court found tbat be was agent, factor, attorney and debtor to said Jonathan Boardman, and gave judgment for tbe plaintiff to recover; and judgment was entered against said Brewster without any plea or default, and not upon nihil dicit.</p> <p>O'ommon errors assigned.</p> <p>Judgment — Manifest error. Two men or more may be agents, factors, attorneys, and debtors to another, jointly or separately; if separately, they may all be copied, but not joined in one scire facias.</p>