Aldrich v. Holden
This text of 36 Mass. 386 (Aldrich v. Holden) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court are of opinion, that the plaintiff is not entitled to recover. The direct object of the suit is to recover back money paid by the plaintiff to the defendant, on a judgment and execution for costs, still in full force. It is an attempt to show collaterally, that such a judgment ought not to have been rendered, which is inadmissible. The mistake ot the plaintiff probably was, in undertaking to pay the costs to Jenkins, who was not the party to the suit, without taking care to get a discharge from Holden, who was the party to the suit, and entitled by law to the costs, on the plaintiff’s becoming nonsuit.
Exceptions overruled and judgment of C. C. P. affirmed
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Cite This Page — Counsel Stack
36 Mass. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldrich-v-holden-mass-1837.