Witt v. Potter

By the Court. The 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. Exceptions overruled, with double costs.