125 Mass. 360
Massachusetts Supreme Judicial Court
Decided September 10, 1878
Massachusetts Supreme Judicial Court · decided 1878-09-10
Contract against Major W. Potter, Robert Noble and M. M. Gavitt. The declaration was as follows : “ And the plaintiff says the defendants executed to him a bond as follows, to wit: Bond — Copy.
Cited by 2 later decisions — most recently May 1959
2 state decisions
Relies on Huntress v. Burbank
Good law ✅— No negative treatment on recordhow we know
Decided 1878-09-10
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¶1The declaration is evidently upon the bond executed by all the defendants, and not upon the judgment rendered against the defendant Potter only. The objections made in argument are to matter of form and not of substance, and could not be taken otherwise than by demurrer, specially assigning the causes. Gen. Sts. c. 129, §§ 11, 12. Clay v. Brigham, 8 Gray, 161. Huntress v. Burbank, 111 Mass. 213.
¶2Exceptions overruled, with double costs.