Davis v. Emerson

17 Me. 64
CourtSupreme Judicial Court of Maine
DecidedApril 15, 1840
StatusPublished
Cited by8 cases

This text of 17 Me. 64 (Davis v. Emerson) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Emerson, 17 Me. 64 (Me. 1840).

Opinion

The opinion of the Court was by

Weston C. J.

A judgment was recovered against the plaintiff and the defendant, for which both were jointly and equally liable. The failure to pay, which occasioned the costs, was imputable to the defendant, as much as to the plaintiff. The plaintiff paid the execution, including the costs. As the defendant was liable for half the execution, to that extent, the plaintiff paid money for his use and benefit. The costs cannot be distinguished from the debt. Every equitable principle, which entitles the plaintiff to contribution for the one applies equally to the other.

Judgment on the verdict.

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Cite This Page — Counsel Stack

Bluebook (online)
17 Me. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-emerson-me-1840.