Meagher v. Bachelder

6 Mass. 444

Opinion

But the Court denied the motion, and at the same time observed that this was a very improper mode of pleading; and that if the plaintiff had demurred, he must have had judgment. Defendants cannot sever in their pleas, except in actions founded on a tort. If, in this case, one defendant only had appeared, he must have pleaded that the three defendants did not promise, &c.

Orr took nothing by his motion.