Inhabitants of Braintree v. Inhabitants of Hingham
This text of 17 Mass. 431 (Inhabitants of Braintree v. Inhabitants of Hingham) 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 plea in bar is insufficient. The facts stated in it arose inter alios. None are estopped by deed or by pleadings, but parties and privies; and none others can take advantage of an estoppel. The defendants are strangers to the record in the former suit. If the plaintiffs have heretofore made a mistake in calling upon a town not liable, this furnishes no reason why they should not be permitted to call on another town, whom they ha\e since discovered to be legally answerable.
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17 Mass. 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inhabitants-of-braintree-v-inhabitants-of-hingham-mass-1821.